Common use of GRIEVANCE AND ARBITRATION PROCEDURE Clause in Contracts

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 136 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representativeemployee representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor an ▇▇▇▇▇▇▇ effort shall be made to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative employee representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.ten

Appears in 50 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representativeemployee representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative union representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative employee representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 30 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 9.01 The parties to this agreement believe Employer and the Union agree that it is important to adjust complaints and grievances as quickly as possible as provided possible. It is understood that a Nurse has no grievance until they have first discussed their complaint with their Nurse Manager and the matter has not been resolved. In computing the days for herein. The employee taking any action or Union giving any notice, Saturdays, Sundays or holidays shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunitynot be counted. 8.02 In all steps of this 9.02 A formal grievance procedure is defined as an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to alleged difference over the interpretation, application, administration or alleged violation of this Collective Agreement including any question as to whether a matter is arbitrable. All grievances shall be in writing and contain a statement of facts giving rise to the grievance, the redress sought, an indication of the provisions Article(s) of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences Collective Agreement and must be filled within ten (10) days of the occurrencecircumstances giving rise to the grievance. 9.03 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, or at any time a Nurse is being investigated, a Nurse is entitled to be represented by their Union Representative. In the case of suspension or discharge, the Employer shall notify the Nurse of this right in advance. The Nurse will be informed of the nature of the meeting and the Union will be given as much advance notice as possible. 9.04 The following shall be the procedure for handling and processing grievances submitted by the employee. The employee may submit a grievance in writing to their immediate supervisor or designate who shall give their decision within seven (7) days of receipt of the grievance. If further action the grievance is not satisfactorily resolved at Step #1, the employee may submit the written grievance to the Executive Director or their designate within seven (7) days following the decision in Step #1. A meeting will be taken, then held between the Employer and the grievance committee within ten (10) days of the discussion, referral. It is agreed that a staff representative of the employee, who Union may request be present at the meeting and that the Employer may have such counsel and assistance of her Union Representative and/or Labour Relations Officer, shall submit as it may desire at the written grievance to the Administrator or designatemeeting. A meeting The Employer’s decision will be held between the parties delivered within ten seven (10) days. The Administrator shall give a written decision within ten (107) days of the meeting meeting. An employee is entitled to be represented by a Union representative or another available bargaining unit member of the employee’s choice. In the case of suspension or discharge, the Employer shall notify the employee of this right in advance. 9.05 A claim by a Nurse who has completed their probationary period, that they have been unjustly discharged or suspended, shall be treated as a grievance if a written statement of such grievance is lodged by the Nurse with the Employer at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. The release of a probationary Nurse for reasons based on performance and ability to do the job, including skills, suitability and availability shall not be subject to the Bargaining Unit President grievance procedure unless the probationary Nurse is released for: (a) Reasons which are arbitrary, discriminatory or her designate in bad faith. (b) Exercising a right under this Agreement. The Employer agrees to provide a probationary Nurse with written reasons for their release within seven (7) days of such release. A claim by a copy probationary Nurse that they have been unjustly released shall be treated as a grievance, provided the Nurse is entitled to grieve, if a written statement of such grievance is lodged by the Labour Relations Officer. Should Nurse with the Administrator fail Employer at Step 2 within seven (7) days after the date the release is effective. 9.06 Where a number of Nurses have identical grievances and each Nurse would be entitled to render his decision or failing settlement of any grieve separately, they may present a group grievance under the foregoing procedure, including any questions as in writing signed by each Nurse who is grieving to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received management within ten (10) days after the decision under Step No. 1 is received, circumstances giving rise to the grievance shall be deemed having occurred or ought to have been settled or abandonedcome to the attention of the Nurse(s). The grievance shall then be treated as being initiated at Step #2. And the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 8.04 9.07 A written grievance will indicate arising between the nature of the grievance Employer and the remedy sought by Union concerning the grievor. Union grievances shall be set out on the union grievance form. Alternatelyinterpretation, the parties may agree to an electronic version application, administration or alleged violation of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures Collective Agreement may be extended only by written, mutual consent of submitted in writing at Step #2 within ten (10) days following the parties. Should the Employer not respond within the time limit(s) fixed, such failure circumstances giving rise to respond shall be deemed to be a denial of the grievance. Should It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting a Nurse or Nurses, which such Nurse(s) could have themselves instituted and the regular grievance procedure shall not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandonedthereby bypassed.

Appears in 20 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representativeemployee representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative union representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative employee representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.ten

Appears in 17 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.ten

Appears in 13 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 9.01 The parties to this agreement believe Employer and the Union agree that it is important to adjust complaints and grievances as quickly as possible as provided possible. It is understood that a Nurse has no grievance until she/he has first discussed her/his complaint with her/his Nurse Manager and the matter has not been resolved. In computing the days for herein. The employee taking any action or Union giving any notice, Saturdays, Sundays or holidays shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunitynot be counted. 8.02 In all steps of this 9.02 A formal grievance procedure is defined as an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to alleged difference over the interpretation, application, administration or alleged violation of this Collective Agreement including any question as to whether a matter is arbitrable. All grievances shall be in writing and contain a statement of facts giving rise to the grievance, the redress sought, an indication of the provisions Article(s) of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences Collective Agreement and must be filled within ten (10) days of the occurrencecircumstances giving rise to the grievance. 9.03 At the time formal discipline is imposed or at any stage of the grievance procedure, including the complaint stage, or at any time a Nurse is being investigated, a Nurse is entitled to be represented by her/his or his Union Representative. In the case of suspension or discharge, the Employer shall notify the Nurse of this right in advance. The Nurse will be informed of the nature of the meeting and the Union will be given as much advance notice as possible. 9.04 The following shall be the procedure for handling and processing grievances submitted by the employee. The employee may submit a grievance in writing to her/his immediate supervisor or designate who shall give her/his decision within seven (7) days of receipt of the grievance. If further action the grievance is not satisfactorily resolved at Step #1, the employee may submit the written grievance to the Executive Director or her/his designate within seven (7) days following the decision in Step #1. A meeting will be taken, then held between the Employer and the grievance committee within ten (10) days of the discussion, referral. It is agreed that a staff representative of the employee, who Union may request be present at the meeting and that the Employer may have such counsel and assistance of her Union Representative and/or Labour Relations Officer, shall submit as it may desire at the written grievance to the Administrator or designatemeeting. A meeting The Employer’s decision will be held between the parties delivered within ten seven (10) days. The Administrator shall give a written decision within ten (107) days of the meeting meeting. An employee is entitled to be represented by a Union representative or another available bargaining unit member of the employee’s choice. In the case of suspension or discharge, the Employer shall notify the employee of this right in advance. 9.05 A claim by a Nurse who has completed her/his probationary period, that she/he has been unjustly discharged or suspended, shall be treated as a grievance if a written statement of such grievance is lodged by the Nurse with the Employer at Step No. 2 within seven (7) calendar days after the date the discharge or suspension is effected. The release of a probationary Nurse for reasons based on performance and ability to do the job, including skills, suitability and availability shall not be subject to the Bargaining Unit President grievance procedure unless the probationary Nurse is released for: (a) Reasons which are arbitrary, discriminatory or her designate in bad faith; (b) Exercising a right under this Agreement. The Employer agrees to provide a probationary Nurse with written reasons for her/his or his release within seven (7) days of such release. A claim by a copy probationary Nurse that she/he has been unjustly released shall be treated as a grievance, provided the Nurse is entitled to grieve, if a written statement of such grievance is lodged by the Labour Relations Officer. Should Nurse with the Administrator fail Employer at Step 2 within seven (7) days after the date the release is effective. 9.06 Where a number of Nurses have identical grievances and each Nurse would be entitled to render his decision or failing settlement of any grieve separately, they may present a group grievance under the foregoing procedure, including any questions as in writing signed by each Nurse who is grieving to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received management within ten (10) days after the decision under Step No. 1 is received, circumstances giving rise to the grievance shall be deemed having occurred or ought to have been settled or abandonedcome to the attention of the Nurse(s). The grievance shall then be treated as being initiated at Step #2. And the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 8.04 9.07 A written grievance will indicate arising between the nature of the grievance Employer and the remedy sought by Union concerning the grievor. Union grievances shall be set out on the union grievance form. Alternatelyinterpretation, the parties may agree to an electronic version application, administration or alleged violation of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures Collective Agreement may be extended only by written, mutual consent of submitted in writing at Step #2 within ten (10) days following the parties. Should the Employer not respond within the time limit(s) fixed, such failure circumstances giving rise to respond shall be deemed to be a denial of the grievance. Should It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting a Nurse or Nurses, which such Nurse(s) could have herself/himself instituted and the regular grievance procedure shall not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandonedthereby bypassed.

Appears in 13 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representativeemployee representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor an ▇▇▇▇▇▇▇ effort shall be made to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative employee representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 12 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to For the purposes of this agreement believe it is important to adjust complaints Article, the term "working days" shall mean Monday through Friday which excludes Saturday, Sunday, and grievances as quickly as possible as provided for hereinholidays. Section 1. The employee or Union shall first discuss any individual complaint informally with grievance and arbitration procedure set forth herein is designed to preserve harmony and friendly relations between the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employeeCity and its employees. Furthermore, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure is to provide a representative just and equitable method for the resolution of grievances without discrimination, coercion, restraint, or reprisal against any employee who may submit or be involved in a grievance. The grievance and arbitration procedure shall not be used to change, but to clarify provisions of the Ontario Nurses' Association may be present at Personnel Code, municipal ordinances, Department rules and regulations, and the request of either partycontract between the Union and the City. 8.03 Should Section 2. A grievance is hereby jointly defined to be any dispute arise between disagreement concerning the Employer and an employee, interpretation or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any application of the specific and expressed provisions of this AgreementAgreement relating to wages, fringe benefits, or working conditions. If any grievance is applicable to more than one employee, a grievance may be initiated by the Union on behalf of the affected group by naming one such aggrieved employee by name and "all other similarly situated employees." Section 3. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact name of the grievant(s), the act or acts of commission or omission, the exact date of the act or acts of commission or omission, the identity of the party or parties who claim to be aggrieved, the identity of the party or parties alleged to have caused the grievance, the specific provisions of this Agreement that are alleged to have been violated, and the remedy which is sought. Section 4. Grievances shall be processed in the following manner: Step 1. Within ten (10) working days of the occurrence of the disagreement giving rise to the grievance, the employee or Union Representative will bring it must submit a written request (which may be accomplished by the employee sending an e-mail via the Department=s e-mail) to the attention of Department Head for a meeting to discuss the immediate supervisor to settle such differences grievance. The Department Head or his designee shall arrange for a meeting with the employee within ten (10) working days from the date of receipt of the occurrenceemployee's actual letter requesting a review as described in this step. If further action The City will not sustain a grievance prosecuted by an individual employee who has not requested the Union to pursue the grievance or participate in the grievance, without consulting with the Union, and any remedy granted to said employee will not have precedential value with respect to future disputes involving other employees in the Bargaining Unit unless expressly agreed to by the Union. The employee is entitled to be taken, then within ten (10represented by a Union representative(s) days of and/or by the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) daysUnion's attorney at this meeting. The Administrator shall give Department Head will render a written decision within ten (10) working days of the meeting to with the Bargaining Unit President or her designate with a copy to employee. Step 2. If the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance is not solved under the foregoing procedure, including any questions as to whether a matter is arbitrableStep 1, the grievance employee may request a hearing before the Personnel Board or the Union in its sole discretion may request that the matter be referred taken to arbitration by either partynotifying the Human Resources Director in writing, within five (5) working days from the date of decision in Step 1. Upon such written notification, the Human Resources Director shall arrange for a hearing before the Personnel Board within thirty (30) working days from the date of request for a hearing before the Personnel Board. If no there is a request to take the grievance to arbitration, the following procedure in the Sections stated below shall be followed, and the Human Resources Director shall arrange, either through the City Attorney=s Office or through the Director=s office, to select an arbitrator with the Union or its representative. Section 5. It is understood and agreed that a written grievance taken to arbitration under this Agreement, in order to be valid under this Agreement, must allege a direct violation of the express purpose of the contractual provision in question. It is also understood and agreed that it is the intent of the parties to this Agreement that a written grievance taken to arbitration shall not be valid if such written grievance challenges action taken by the City in the exercise of inherent management rights, except where such written grievance is based upon a clear, express limitation thereon. Section 6. Upon receipt of a notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is receivedarbitrate a grievance, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance City, through its designated representative, and the remedy sought employee, or his designated representative, shall promptly meet within fifteen (15) working days and attempt to select an arbitrator by mutual agreement. If the grievor. Union grievances shall be set out on the union grievance form. Alternatelyparties are unable to select an arbitrator by this method, the parties may agree will jointly address a letter to an electronic version the Federal Mediation and Conciliation Service (FMCS) requesting a list of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.five (5)

Appears in 8 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative union representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 8 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative union representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.ten

Appears in 7 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in 5.01 To invoke the grievance and arbitration procedures set forth in this Article, an employee, a group of employees and/or the Association must comply with all the terms and provisions of this Article. A grievance is defined as a dispute an employee or group of employees or the Association may be extended only by writtenhave with the Board or the Board’s representatives relating to the interpretation, mutual consent application or alleged violation of the partiesexpress terms of this Agreement. Should A grievance from a group of employees or the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial Association must have arisen out of the same subject matter similarly affecting each member of said group to constitute a group grievance. Should a grievance . 5.02 Employees and groups of employees have the right to present grievances and have them adjusted without the intervention of the Association, as long as the adjustment is not be submitted within inconsistent with the various time limits specified in terms of this Agreement, unless mutually extendedand as long as the Association has the opportunity to be present at the adjustment, as provided in Section 4117.03(A) (5) of the Ohio Revised Code. An employee who has a grievance or a representative of a group of grievants shall have the right to have another employee of the Board present at the hearing at all steps of the grievance procedure. An employee who has a grievance or a representative of a group of grievants or the Association if it has a grievance shall also have the right to have a non-employee Association representative present at any hearing at any step of the grievance or arbitration procedure. The Board representative at any step of the grievance or arbitration procedure shall have the right to have another Board representative present at any hearing. Additional persons may be asked to be present at any grievance or arbitration hearing. 5.03 An ▇▇▇▇▇▇▇ effort shall be considered made to have been settled adjust grievances promptly and in the following manner and order, except that a grievance may be filed at the Second Step instead of the First Step, when the subject of the grievance is not within the responsibility or abandonedcontrol of the building principal or designee who would hear the grievance in the First Step.

Appears in 6 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties Section 1. Grievances are defined as acts, omissions, applications, or interpretations alleged to be violations of the terms or conditions of this agreement believe it is important Agreement. Grievances shall be filed within thirty (30) calendar days of the date the grievant or the Union knows or by reasonable diligence should have known of the alleged grievance. Grievances shall be reduced to adjust complaints writing, stating the specific Article(s) alleged to have been violated and grievances as quickly as possible as provided for hereinclear explanation of the alleged violation, sufficient to allow processing of the grievance. The employee or Union Grievances shall first discuss any individual complaint informally with be filed through the Director of Care or designate at the first opportunity. 8.02 In all appropriate steps of this procedure on the form identified as the Official Statement of Grievance Form. Except during the initial thirty (30) calendar day filing period at Step 1 or Step 2, whenever a grievance procedure an aggrieved employeeis properly filed at that step, and provided there has been no response from Agency management to the filed grievance, the Union shall not expand upon the original elements and substance of the written grievance. The Union may add other relevant Articles to the list of Articles allegedly violated at Step 2. All grievances shall be processed in accordance with this Article and it shall be the sole and exclusive method of resolving grievances, except for the following Articles: • Article 2--Recognition • Article 5--Complete Agreement/Past Practices • Article 22--No Discrimination • Article 56--Sick Leave (FMLA/OFLA) • Article 81--Reclassification Upward, Reclassification Downward, and Reallocation Section 2. Time limits specified in this and the above-referenced Articles shall be strictly observed, unless either Party requests a specific extension of time, which if she so desires agreed to, must be stipulated in writing and shall become part of the grievance record. “Filed” for purposes of Step 1 through Step 4 grievances shall mean postmarked (dated by meter or U.S. Post Office), date of email or other electronic format, or fax received by close of the business day or actual receipt. Grievance filings and appeals shall include the grievance form and in the case of appeals management responses at the previous step. Any other documentation may be accompanied by presented at the grievance meeting or represented by her a method other than email. The timeline for the Employer response at each grievance step shall begin the first day following the day of receipt. The timeline for the Union Representativeappeal to the next higher step shall begin the first day following the day the Employer response is due or received. At Step 1 If at any step of the grievance procedure, the Employer fails to issue a response within the specified time limits, the grievance shall automatically advance to the next step of the grievance procedure a representative of unless withdrawn by the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, grievant or between the Employer and the Union, as to . If the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee grievant or Union Representative will bring it fails to meet the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrablespecified time limits, the grievance will be considered withdrawn and it cannot be resubmitted. Grievance steps referred to in this Article may be referred to arbitration waived by either partymutual agreement in writing. If no Such written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance agreements shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature become part of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signingfile. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 6 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee Any grievance or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires dispute which may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employeeparties, or between including the Employer and the Union, as to the interpretation, application, administration meaning or alleged violation of any of the provisions interpretation of this Agreement, shall be settled in the employee following manner: Step 1. The Union ▇▇▇▇▇▇▇, with the employee, shall present the grievance or Union Representative will bring it dispute in writing to the attention Director of the immediate supervisor to settle such differences Transportation within ten (10) working days of the grievance or the employee's knowledge of its occurrence. If further action is The Director of Transportation shall meet with the grievant and the ▇▇▇▇▇▇▇ and shall respond to be taken, then the ▇▇▇▇▇▇▇ within ten (10) days working days. For the purpose of this Article, a working day is defined as a day when school is in session and is considered to end at 4:00 p.m. Step 2. If the discussiongrievance has not been settled, it shall be presented in writing, by the employee, who may request employee and by the assistance of her Union Representative and/or Labour Relations Officer, shall submit ▇▇▇▇▇▇▇ or the written Union grievance committee to the Administrator or designate. A meeting will be held between the parties Director of Human Resources within ten (10) daysworking days after the supervisor's response is due. The Administrator Director of Human Resources shall give a written decision respond to the Union ▇▇▇▇▇▇▇ or the grievance committee in writing within ten (10) working days. Step 3. If the grievance still has not been settled, it shall be presented by the employee and the Union ▇▇▇▇▇▇▇, Union representative or grievance committee to the Superintendent of Schools for District #204 in writing within ten (10) working days after the response of the meeting Director of Human Resources is due. The Superintendent shall respond in writing to the Bargaining Unit President or her designate with employee and to the Union within ten (10) working days. Step 4. If the grievance still has not been settled, a copy of the entire record shall be presented to the Labour Relations OfficerBoard of Education within seven (7) working days after the response of the Superintendent of Schools is due. Should the Administrator fail to render his decision or failing settlement The Board of any grievance under the foregoing procedure, including any questions as to whether Education shall conduct a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within closed hearing not more than ten (10) days after the decision under next regular meeting of the Board, at which time the employee may appear in person, by attorney, and by representative of the Union, and present evidence. The Board shall respond in writing within seven (7) working days of the meeting in which the grievance was presented. Step No5. 1 If the grievance is receivednot settled in accordance with the foregoing procedures, the Union may refer the grievance to arbitration within ten (10) working days after receipt of the Step 4 response or after the Step 4 response was due, whichever is earlier. a) The parties shall attempt to agree upon an arbitrator, within five (5) working days after receipt of Notice of Referral and in the event the parties are unable to agree upon an arbitrator within said five (5) working day period the parties shall immediately jointly request the American Arbitration Association to submit a panel of five (5) arbitrators. Both the Employer and the Union shall have the right to strike two (2) names from the panel. The party requesting arbitration shall strike the first name, the other party shall then strike the second name, and so on until one name remains, who shall be deemed the arbitrator. The arbitrator shall be notified of his/her selection by a joint letter from the Employer and the Union requesting that a time and date be set subject to have been settled or abandonedthe availability of the employer and the Union. All arbitration proceedings shall be held at the Board of Education Administration Building unless the parties mutually agree otherwise. 8.04 A written grievance will indicate b) The arbitrator shall have no power to add to, subtract from or modify in any way the nature terms of this Agreement. c) The fees of the grievance and the remedy sought arbitrator shall be borne equally by the grievor. Union grievances parties. d) The award of the arbitrator shall be set out on the union grievance form. Alternatelyfinal, the parties may agree to an electronic version of this form conclusive and a process for signingbinding upon all affected parties. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 5 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representativeemployee representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative union representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative employee representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.ten

Appears in 5 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The 1. In a mutual effort to provide a harmonious working relationship between the parties to this agreement believe Agreement, it is important to adjust complaints agreed and grievances understood that there shall be a procedure for the resolution of grievances. Grievances are defined as quickly as possible as provided for hereindifferences involving the application or interpretation of this Agreement. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 is not available for settlement of complaints where the grievance procedure grievant does not assert a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the some specific provision or provisions of this Agreement. Nothing in this article shall require the Union to process grievances for bargaining unit members who are not members of the Union. 2. The grievance procedure cannot be used by the Union or any employee to dispute a decision by the College not to renew the contract of an employee on annual contract, or to dispute a decision by the employee College not to award a continuing contract. 3. Time is considered to be of the essence for purposes of this Article. Accordingly, any grievance not submitted or Union Representative processed by the grieving party in accordance with the time limits provided below shall be considered conclusively abandoned. Any grievance not answered by the College within the time limits provided below will bring it automatically advance to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature next higher step of the grievance and the remedy sought by the grievorprocedure. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, written mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond Grievances shall be deemed presented in the following manner: Step 1: In the event an employee covered by this Agreement believes that there is a basis for a grievance, as that term is defined above, he/she may, within ten (10) working days of the events which gave rise to the alleged grievance, reduce the grievance to writing and submit it to the ▇▇▇▇ or Director, with a copy provided to Human Resources. The grievance shall be a denial signed by the employee and shall state: (a) the date of the alleged events which gave rise to the grievance; (b) the specific Article or Articles and paragraphs of this Agreement allegedly violated; (c) the facts pertaining to or giving rise to the alleged grievance; and (d) the specific relief requested. The ▇▇▇▇ or Director shall, within fourteen (14) working days after presentation of the grievance, render his/her decision on the grievance in writing to the grievant and the Union. Step 2: If the grievance is not resolved at Step 1, or if no written disposition is made within the Step 1 time limits, the grievant shall have the right to appeal the Step 1 decision to the ▇▇▇▇▇▇▇ or his/her designee within ten (10) working days of the due date of the Step 1 response. Should Such appeal must be accompanied by a copy of the original written grievance, and the written decision of the ▇▇▇▇ or Director, if provided, together with a signed request from the grievant requesting that the Step 1 decision be reversed or modified. The ▇▇▇▇▇▇▇ or his/her designee may conduct a meeting with the grievant and the grievant’s Union representative, if agreed upon by the parties. The ▇▇▇▇▇▇▇ or his/her designee shall, within fourteen (14) working days after the presentation of the grievance (or meeting, if conducted), render his/her decision on the grievance in writing to the grievant and the Union. Step 3: If the grievance is not resolved at Step 2, or if no written disposition is made within the Step 2 time limits, the grievant shall have the right to appeal the Step 2 decision to the President or his/her designee within ten (10) working days of the date of the issuance of the Step 2 decision. Such appeal must be accompanied by the filing of a copy of the original written grievance, and the written decision of the ▇▇▇▇▇▇▇, together with a request signed by the grievant or their representative requesting that the Step 2 decision be reversed or modified. The President or his/her designee may conduct a meeting with the grievant and the grievant’s Union representative, if agreed upon by the parties. The President or his/her designee shall, within twenty-one (21) working days after the presentation of the grievance (or meeting, if conducted), render his/her decision in writing to the grievant and the Union. 4. Where a grievance is general in nature in that it applies to a number of employees rather than a single employee, or if the grievance is directly between the Union and the College, such grievance shall be presented in writing directly to the ▇▇▇▇▇▇▇ within ten (10) working days of the occurrence of the event(s) which gave rise to the grievance. The grievance shall be in writing and shall be signed by the grievant or by the Union representative. The written grievance shall contain the detailed information set forth in Step 1 above. Any further processing of such grievances shall adhere to Step 3 of this Agreement. 5. In the event a grievance processed through the grievance procedure has not been resolved at Step 3 above, the grievant may request that the grievance be submitted to arbitration within fourteen (14) working days after the various time limits specified President renders a written decision on the grievance. The arbitrator may be any impartial person mutually agreed upon by and between the parties. The party requesting arbitration shall request the American Arbitration Association to furnish a panel of seven (7) names from which each party shall have the option of striking three (3) names in this Agreementalternating fashion, unless mutually extendedthus leaving the seventh (7th) name, it shall be considered to have been settled which will give a neutral or abandoned.impartial arbitrator. Each party may reject two

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances 4-1 A grievance shall be defined as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to regarding the interpretation, application, administration application or alleged violation of any of: (a) Any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention ; (b) Any of the immediate supervisor to settle such differences within ten (10) days policies or regulations of the occurrence. If further action is School District which directly relate to be taken, then within ten (10) days those mandatory subjects of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designatebargaining as outlined in NRS 288.150(2). A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred filed by an administrator of the School District covered by this Agreement, or by the Association. A grievance shall not include any matter or action taken for which relief is granted by the Statutes of Nevada. 4-2 Grievances will be brought by individuals or groups of individuals who are directly affected by the nature of this dispute. Grievances may be initiated or pursued at any step and to arbitration any higher step by either partyCCASAPE. If no A grievance filed by the Association involving more than one (1) administrator in more than one (1) location may be commenced at Step Two of the Grievance and Arbitration Procedure by filing a written notice of intent to submit grievance. 4-3 A grievance as defined above must be filed in writing alleging which terms or provisions under which the matter for arbitration is received within ten dispute arises, and must be filed not later than twenty (1020) school days after the decision under Step Noaffected administrator or Association first knew or should have known of the act or condition upon which the grievance is based. 1 A school day shall be defined as a day in which a covered administrator is receivedrequired to be present on the job. 4-4 During all procedural steps, each of the parties to the grievance shall be deemed have access at reasonable times to have been settled or abandoned. 8.04 A all written grievance will indicate the nature of the grievance statements and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial records of the grievance. Should a All proceedings in any grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandonedconducted in private and full confidentiality shall be maintained. 4-5 In the event the grievance is between two (2) members of CCASAPE, the grievant will be represented by CCASAPE during the entire Grievance and Arbitration Procedure. 4-6 All grievances shall be handled in the following manner:

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Negotiated Agreement, Negotiated Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it Section 1. A grievance is important to adjust complaints and grievances defined as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, any Employee covered by this Agreement or between the Union and the Employer concerning the application or interpretation of any term or condition of this Agreement as well as the claims set forth in Section 12 below. Section 2. The Union may file a grievance directly with the Employer and if the Uniongrievance is not resolved, as then the Union or the Employer may refer the grievance to the interpretationJoint Conference Committee. To be timely filed, application, administration or a grievance must be filed in writing within fourteen (14) calendar days of the occurrence of the alleged violation of any of the provisions of this Agreement, excluding violations found through an audit. Section 3. A grievance involving an employee may be taken up by the employee Union ▇▇▇▇▇▇▇ directly with the Employer's Representative. If the Union and the Employer are unable to resolve the grievance, then the Employer or the Union Representative will bring it may submit the grievance to the attention Joint Conference Committee. Section 4. A Joint Conference Committee shall be established under the Collective Bargaining Agreement between the Southern California Glass Management Association and the Union. The Association and the Union shall each appoint three (3) Representatives to constitute the Joint Conference Committee. Each Employer signed to this Agreement agrees to accept the jurisdiction of the immediate supervisor to settle such differences Joint Conference Committee and be bound by a procedures and determination and awards made by the Joint Conference Committee regarding any dispute or grievance under this Agreement. Section 5. The Joint Conference Committee shall meet within ten (10) days after a grievance or dispute has been submitted to the Committee by either the Employer or the Union. Section 6. Following the appointment of the occurrence. If further action is members to be takenthe Committee, then within ten (10) days the Committee shall select a Chairman and a Secretary to serve during the term of the discussionAgreement, or until replaced by the action of the Committee. Either the Union or the Association may appoint, at any time, an alternate member to act in the place of a regular member of the Committee. Section 7. Upon a grievance or dispute being referred to the Joint Conference Committee, the employeeCommittee shall call a meeting as required by this Article, who and hold a hearing regarding the grievance of dispute. The Joint Conference Committee shall notify both parties as to the grievance or dispute and specify the nature of the grievance or dispute and of their right to present witnesses Section 8. In the event the Joint Conference Committee cannot reach a decision, either the Union or the Employer may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance of dispute to the Administrator or designatearbitration. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent Any party desiring to submit the matter for dispute or grievance to arbitration is received must notify the Secretary of the Committee, in writing, that the party desires to proceed to arbitration within ten (10) days after the meeting or notice by the Committee that a decision under Step Nohas not been reached. 1 is receivedUpon such a request, the grievance Joint Conference Committee shall select an impartial arbitrator. In the event the parties are unable to agree upon an impartial arbitrator, they shall request the Federal Mediation and Conciliation Service to submit a list of seven (7) persons qualified to act as the impartial arbitrator. Upon receiving the list, the Employer and the Union shall select an arbitrator within five (5) days after receipt of the list by striking three (3) names from the list. The party to strike first from the list will be selected by lot. Section 9. The impartial arbitrator shall hold a hearing as soon as practicable, and following the conclusion of the hearing shall issue an award which shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate final and binding upon the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. AlternatelyUnion, the parties may agree to an electronic version of this form Employer, the Association and a process for signing. 8.05 Time limits fixed any employees involved in the grievance and arbitration procedures may be extended only by written, mutual consent or dispute. The arbitrator shall render his award within thirty (30) days after the conclusion of the hearing. Section 10. All expenses of the arbitration, including the fees of the arbitrator, and the cost of any transcript, shall be paid equally by both parties. Should either party request a copy of the transcript of the hearing, the requesting party shall incur the cost of the transcript. Section 11. The arbitrator shall have no authority to modify, amend, revise, add to, or subtract from any of the terms or conditions of this Agreement. Section 12. The following claims and claims for associated penalties shall be resolved exclusively through the procedures set forth in this Article Five, and shall not be ▇▇▇▇▇▇ in a court of law or before any administrative agency such as the California Labor Commissioner: all claims arising under the Fair Labor Standards Act, the California Labor Code and the Industrial Welfare Commission Wage Order 16. Section 13. In the event of a failure by an Employer to comply with any award or decision of the Joint Conference Committee or an impartial arbitrator, then the Union need not proceed through the Section 14. In the event the Union takes economic action concerning the enforcement of the Agreement regarding the Employer's payment of wages or fringe benefits, including contributions to any Trust Funds, or an award of the Joint Conference Committee, or an arbitrator, then the Employer shall be liable to pay the wages and fringe benefits lost by each employee due to the strike called by the Union in order to enforce the Agreement up to a maximum of two (2) weeks. The amount of wages and fringe benefits to be paid to such employees shall be equal to the amount of wages and fringe benefits the employees would have earned if they had not respond within been called off the time limit(sjob up to a maximum of two (2) fixedweeks, such based on the Employer's failure to respond shall be deemed to be comply with a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this AgreementJoint Conference Committee, unless mutually extended, it shall be considered to have been settled or abandonedan arbitrator's award.

Appears in 4 contracts

Sources: Master Labor Agreement, Master Labor Agreement, Master Labor Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to For the purposes of this agreement believe it is important to adjust complaints Article, the term "working days" shall mean Monday through Friday which excludes Saturday, Sunday, and grievances as quickly as possible as provided for hereinholidays. Section 1. The employee or Union shall first discuss any individual complaint informally with grievance and arbitration procedure set forth herein is designed to preserve harmony and friendly relations between the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employeeCity and its employees. Furthermore, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure is to provide a representative just and equitable method for the resolution of grievances without discrimination, coercion, restraint, or reprisal against any employee who may submit or be involved in a grievance. The grievance and arbitration procedure shall not be used to change, but to clarify provisions of the Ontario Nurses' Association may be present at Personnel Code, municipal ordinances, Department rules and regulations, and the request of either partycontract between the Union and the City. 8.03 Should Section 2. A grievance is hereby jointly defined to be any dispute arise between disagreement concerning the Employer and an employee, interpretation or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any application of the specific and expressed provisions of this AgreementAgreement relating to wages, fringe benefits, or working conditions. If any grievance is applicable to more than one employee, a grievance may be initiated by the Union on behalf of the affected group by naming one such aggrieved employee by name and "all other similarly situated employees." Section 3. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact name of the grievant(s), the act or acts of commission or omission, the exact date of the act or acts of commission or omission, the identity of the party or parties who claim to be aggrieved, the identity of the party or parties alleged to have caused the grievance, the specific provisions of this Agreement that are alleged to have been violated, and the remedy which is sought. Section 4. Grievances shall be processed in the following manner: Step 1. Within ten (10) working days of the occurrence of the disagreement giving rise to the grievance, the employee or Union Representative will bring it must submit a written request (which may be accomplished by the employee sending an e-mail via the Department’s e-mail) to the attention of Department Head for a meeting to discuss the immediate supervisor to settle such differences grievance. The Department Head or his designee shall arrange for a meeting with the employee within ten (10) working days from the date of receipt of the occurrenceemployee's actual letter requesting a review as described in this step. If further action The employee is entitled to be taken, then within ten (10represented by a Union representative(s) days of and/or by the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) daysUnion's attorney at this meeting. The Administrator shall give Department Head will render a written decision within ten (10) working days of the meeting to with the Bargaining Unit President or her designate with a copy to employee. Step 2. If the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance is not solved under the foregoing procedure, including any questions as to whether a matter is arbitrableStep 1, the grievance employee may request a hearing before the Personnel Board or the Union in its sole discretion may request that the matter be referred taken to arbitration by either partynotifying the Personnel Director in writing, within five (5) working days from the date of decision in Step 1. If no Upon such written notification, the Personnel Director shall arrange for a hearing before the Personnel Board within thirty (30) working Section 5. It is understood and agreed that a written grievance taken to arbitration under this Agreement, in order to be valid under this Agreement, must allege a direct violation of the express purpose of the contractual provision in question. It is also understood and agreed that it is the intent of the parties to this Agreement that a written grievance taken to arbitration shall not be valid if such written grievance challenges action taken by the City in the exercise of inherent management rights, except where such written grievance is based upon a clear, express limitation thereon. Section 6. Upon receipt of a notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is receivedarbitrate a grievance, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance City, through its designated representative, and the remedy sought employee, or his designated representative, shall promptly meet within fifteen (15) working days and attempt to select an arbitrator by mutual agreement. If the grievor. Union grievances shall be set out on the union grievance form. Alternatelyparties are unable to select an arbitrator by this method, the parties may agree will jointly address a letter to an electronic version the Federal Mediation and Conciliation Service (FMCS) requesting a list of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.five (5)

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties 6.01 It is agreed that it is the spirit and intent of this Agreement to adjust grievances promptly. Either Party to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this Agreement may lodge a grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as relating to the interpretation, application, application or administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions question as to whether a matter is arbitrable. 6.02 Any dispute or grievance affecting or arising out of the interpretation or administration of this Collective Agreement shall be adjusted, if possible, by negotiations between appointed Representatives of the Employer and the Union. Such grievance must be presented within five (5) working days of knowledge of the initial occurrence giving rise to the grievance, save and except grievances concerning fringe benefits where no such time limits apply. Grievances dealing with alleged violations pertaining to: hours of work; rate of pay; overtime; vacation pay and holiday pay; shift premium; travel expenses; room and board 6.03 The Union having a grievance shall, in the first instance, present the grievance may be referred orally or in writing to arbitration by either party. If no written notice of intent the Employer or the Employer’s Representative in an attempt to submit settle the matter for arbitration is received within ten (10) days after the decision under Step Noin dispute amicably. 1 is received, the grievance An answer shall be deemed to have been settled given by the Employer or abandoned. 8.04 A written grievance will indicate the nature Employer’s Representative within twenty-four (24) hours of the grievance and being presented, or the remedy sought next working day or such longer time as may be mutually agreed upon by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signingParties. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent 6.04 Where a settlement is not reached as provided for in 6.05 The two nominees so selected shall within five (5) working days of the parties. Should appointment of the Employer not respond second of them, appoint a third Party who shall act as Chairman of the Arbitration Board. 6.06 If the recipient of the notice fails to appoint an Arbitrator or if the two appointees fail to agree on a Chairman within the time limit(s) fixedlimit set out herein, such failure to respond the appointment shall be 6.07 The Arbitration Board shall hear and determine the difference or differences between the Parties and shall issue a decision in writing, which decision shall be deemed to be a denial final and binding upon the Parties and upon the employees affected. The decision of the grievancemajority of the Board, and if there is no majority decision, the decision of the Chairman, shall govern. Should a grievance not However, it is understood that the authority of the Arbitration Board or the decision made by such Board is limited in that there shall be submitted within the various time limits specified in no alteration or addition to or subtraction from or modification or amendment to any part of this Agreement, unless mutually extended, it . 6.08 The fees and expenses of the Chairman shall be considered to have been settled borne one-half (1/2) by the Union and one-half (1/2) by the Employer. Any other costs or abandonedexpenses in connection with such arbitration shall be borne by the Party which incurs them.

Appears in 4 contracts

Sources: Provincial Concrete Sawing & Drilling Agreement, Provincial Concrete Sawing & Drilling Agreement, Provincial Concrete Sawing & Drilling Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The 19.1: In a mutual effort to provide a harmonious working relationship between the parties to this agreement believe Agreement, it is important to adjust complaints further agreed and understood by the parties that there shall be a procedure for the resolution of grievances between the parties and the procedures outlined in this Article shall be the exclusive procedures used for processing grievances involving the application or interpretation of the Agreement (i.e., non-disciplinary matters) and grievances involving termination, demotion, suspension, or written reprimand taken against a member of the Bargaining Unit who is covered by this Agreement, except for the allegations of employment discrimination as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunityspecified in Article 7. 8.02 In all 19.2: Every effort will be made by the parties to settle any grievance as expeditiously as possible. Should either party fail to observe the time limits as set out in the steps of this Article, the grievance procedure an aggrieved employeewill automatically be processed to the next step of the procedure. However, if she so desires time limits may be accompanied modified by mutual written agreement between the parties. 19.3: All reference to “days” stated in this Article shall mean calendar days. 19.4: Grievances not related to suspensions, demotions, or represented terminations (i.e., grievances concerning written reprimands or the application or interpretation of this Agreement) shall be processed in the following manner and every effort shall be made by her Union Representative. At the parties to secure the prompt disposition of such grievances. Step 1 1: The member shall first take up a grievance with the immediate supervisor within ten (10) days after the employee has knowledge or should have had knowledge of the event(s) which gave rise to the grievance. Such meeting between the member and the immediate supervisor shall be on an informal and oral basis. Step 2: Any grievance procedure which cannot be satisfactorily settled with the immediate supervisor shall be reduced to writing and signed by the member or a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer PBA and an employee, or between the Employer and the Union, as submitted to the interpretation, application, administration Chief of Police or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences designee within ten (10) days of the occurrenceStep 1 meeting. If further action is to The grievance shall be takendiscussed in a meeting by and between the member, then a representative of the PBA and the Chief of Police within ten five (105) days of from submitting the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) daysin writing. The Administrator Chief of Police shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after this meeting, render the decision under in writing, with a copy to the PBA. Step No3: In the event the member is not satisfied with the disposition of the grievance in Step 2, the member or the PBA shall have the right to appeal the Chief of Police’s decision to the City Manager or designee within ten (10) days from the date of receipt of the Chief of Police’s written decision. 1 Such appeal must be accompanied by the filing of a copy of the original written grievance together with a letter signed by the member and a representative of the PBA, requesting that the Chief of Police’s decision be modified or reversed. The City Manager or designee shall, within ten (10) days from the filing of such appeal, render a decision in writing to the employee with a copy of the decision to the representative of the PBA. 19.5: If the grievance is receivedin response to a disciplinary action, except as described in Section 19.6: below, the employee shall present the grievance directly to the individual issuing the discipline, which may result in prior steps being bypassed. 19.6: Where a grievance is general in nature, in that it applies to a number of members rather than a single member, such grievance shall be presented by the PBA in writing directly to the Chief of Police, within the time limits provided for the submission of a grievance in Step 1.Thereafter, the grievance shall be deemed to have been settled or abandonedprocessed in accordance with the procedures set forth in Step 3. 8.04 A written 19.7: This grievance will indicate procedure shall be the nature sole and exclusive method of resolving any dispute concerning non-disciplinary matters regarding the interpretation or application of any provision of this Agreement or any disciplinary matter involving termination, suspension or demotion taken against any member covered by this Agreement. A. In the event the grievance procedure is utilized to pursue a grievance over a disciplinary matter concerning a member’s termination, suspension or demotion, the grievance shall be filed directly with the City Manager at Step 3 of the grievance procedure, within the same time limits as for the initial filing of a grievance at Step 1, and the remedy sought arbitration procedure set forth below shall also apply. B. In the event the grievance procedure is utilized to pursue a grievance regarding any non-disciplinary matter (i.e., an interpretation or application of any provision of this Agreement), the PBA shall have the exclusive right to take such grievances to arbitration, and the City shall not be obligated to proceed to arbitration on any non-disciplinary matters for which the employee is not represented by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signingPBA. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 4 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The a. A grievance is defined as any dispute or difference concerning the application, interpretation or a claimed violation of an express provision of the Agreement. Every attempt shall be made by both parties to resolve grievances arising under this agreement believe it is important to adjust complaints section speedily and grievances as quickly as possible as provided for hereininformally. The employee filing of a grievance shall not foreclose ongoing or Union shall first discuss any individual complaint informally with the Director of Care other informal discussions or designate at the first opportunityresolutions. 8.02 In all steps b. Upon request, employees shall have the right to representation or accompaniment by a union representative during any meeting invoking discipline, or to any investigatory meeting, which might result in the imposition of this grievance procedure an aggrieved discipline to the employee, if she so desires . Employees may not necessarily be accompanied by able to wait for or represented by her Union Representative. At Step 1 select a particular representative. c. Grievance meetings requiring the attendance of the grievance procedure Local Representatives will be scheduled at a representative time convenient to all parties involved if reasonably possible. a. Within five (5) working days of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any occurrence of the provisions of this Agreementalleged incident or circumstance, the employee or Union Representative will bring it union representative shall present the grievance in writing to the attention office of Director of Human Resources, which shall then be assigned a grievance number, which will then be forwarded to the office of the immediate supervisor to settle such differences within ten Department Head or their designee. The written grievance must include (101) days a statement of the occurrence. If further action is being grieved; (2) reference to be taken, then within ten (10the relevant Article(s) days of the discussionCollective Bargaining Agreement alleged to have been violated; and (3) the remedy or relief sought. b. A meeting between the grievant or grievants, the employee, who may request union representative and the assistance of her Union Representative and/or Labour Relations Officer, Department Head shall submit the written grievance to the Administrator or designate. A meeting will be held between within five (5) working days from the parties within ten (10) days. The Administrator shall give presentation of the grievance, and a written decision issued by the divisional manager within ten five (105) days from the conclusion of meeting. a. If a satisfactory settlement of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrablenot reached in Step 1, the grievance may be referred appealed to the office of the Director of Human Resources. Said appeal should be made within five (5) working days from the date of the receipt by the grievant(s) of the Step 1 decision or the date upon which the decision is due. b. The Director of Human Resources or their designee shall convene a meeting with the grievant(s) and the union representative within five (5) working days from the date of the receipt of the grievance appeal, and shall render a decision/response to the grievant(s) and the Union within five (5) working days of the presentation of the grievance at the grievance meeting. Section 4. Should the Union be dissatisfied with the Hospital’s decision/response to the grievance at Step 2, the grievance may be submitted to arbitration by either partythe Union within thirty (30) calendar days from the receipt of the written response from the Step 2 meeting or the date upon which the decision is due. An arbitrator will be appointed through the American Arbitration Association under its Voluntary Labor Arbitration Rules. a. Each party shall be responsible for the expenses of its witnesses or other selected or called by a party for arbitration. Expenses incurred in the payment of fees to an impartial arbitrator shall be divided equally between the parties to this Agreement. The parties shall share the cost of the transcript for the arbitrator. The Hospital shall make every reasonable effort to reschedule any employee called as a witness in any arbitration hearing in order that said witness shall have continuity of income. b. The decision of the arbitrator shall be final and binding on both parties. c. The arbitrator is limited by the terms of this Agreement, and shall have no power to add to, subtract from, modify, amend, or in any way change any of the terms of this Agreement. The arbitrator shall not have jurisdiction to hear more than one (1) grievance, and shall not have jurisdiction with respect to probationary employees. d. The parties agree that serious forms of employee misconduct such as insubordination, theft, falsification of records, or other forms of serious misconduct are traditionally causes of discipline, including termination, which is rendered without need for prior discipline. The parties agree that employees who engage in serious misconduct are an unfair burden on the Hospital, its patients and the employee’s peers. e. If no the discharge of an employee results from conduct relating to a patient and the patient does not appear at the arbitration, the arbitrator shall not consider the failure of the patient to appear as prejudicial. Further, the patient’s initial statements (written notice or as reported) to the Hospital are agreed to be admissible in the hearing. a. Any written decision, or written answer to a grievance made at any step which is not appealed to the succeeding step of intent the grievance procedure within the time limits provided, or such additional period of time as may be mutually agreed upon in writing by the parties to this Agreement, shall be considered a final settlement, and such settlement shall be binding upon the grievant(s) and the parties to this Agreement. b. Failure of any party to abide by the time limits set forth in the grievance procedure shall give the grieving party the right to submit the matter for arbitration is received within ten (10) days after grievance directly to the decision under Step No. 1 is received, next step of the grievance shall be deemed to have been settled or abandonedprocedure. 8.04 c. A written grievance will indicate grievance, which affects a substantial number class or employees, or in the nature case of suspension or terminations may initially be presented at Step 2 of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signingprocedure. 8.05 Time Section 7. All time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond herein specified shall be deemed to be a denial exclusive of the grievance. Should a grievance not be submitted within the various time limits specified in this AgreementSaturdays, unless mutually extended, it shall be considered to have been settled or abandonedSundays and holidays.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement Agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Resident Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representativeemployee representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association (Labour Relations Officer) may be present at the request of either party.. Discussion Stage 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative union representative will bring it to the attention of the immediate supervisor Director of Resident Care or designate to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative employee representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator Executive Director or designate. A meeting will be held between the parties within ten (10) days. The Administrator Executive Director shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator Executive Director fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed), such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, Agreement it shall be considered to have been settled or abandoned. 8.06 Saturday, Sunday and designated paid holidays shall not be counted in determining the time within which any action is to be taken or completed under the grievance procedure.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual 12.01 An Employee who has a complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as relating to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, Agreement may discuss the employee or Union Representative will bring it complaint with the immediate Supervisor. Such a complaint shall be brought to the attention of the immediate supervisor Supervisor within twenty (20) days after the Employee becomes aware or should have been aware of the circumstances giving rise to settle such differences the complaint. The Employee and immediate Supervisor shall complete their informal discussions within five (5) days. Failing resolution of the complaint by informal discussion, the Employee may request the Union to lodge a grievance as provided for herein. The Union shall commit the grievance to writing, setting out the facts of the grievance together with the provisions of the Agreement claimed to have been violated and indicate the relief sought. The signed grievance shall be sent to the Executive Superintendent of the appropriate department within twenty (20) days of the Employee becoming aware of the circumstances giving rise to the grievance if the informal discussion stage is not utilized or ten (10) days after the informal discussion stage has been completed. The Executive Superintendent or designate will meet jointly with the grievor and the Union Representative(s) within fifteen (15) days of receipt of the grievance. The Executive Superintendent or designate shall forward a written decision to the Bargaining Unit Representative within fifteen (15) days of the date on which the grievance meeting was held. If no settlement is reached at Step One, the Union may, within ten (10) days of receipt of the occurrencewritten reply of the Executive Superintendent of the appropriate department or designate, refer the matter to the Executive Superintendent of Human Resource Services or designate. If further action is referred to a designate, the designate shall not be taken, then the same individual who may have acted as a designate under Step One. The Executive Superintendent of Human Resource Services or designate shall meet with the Union Representative(s) within ten (10) days of the discussion, the employee, who may request the assistance receipt of her Union Representative and/or Labour Relations Officer, shall submit the written grievance request to discuss and endeavour to solve the Administrator or designate. A meeting will be held between the parties within ten (10) daysproblem. The Administrator Executive Superintendent of Human Resource Services or designate shall give a written decision answer the grievance in writing within ten fifteen (1015) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either partymeeting. If no written notice of intent to settlement is reached, the Union may submit the matter for grievance to arbitration is received within ten twenty (1020) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of receipt of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signingresponse. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties 7.01 If an employee has any complaint or grievance falling within the terms of this agreement, it shall be dealt with as follows: (a) An employee or one designated member of a group having a complaint or grievance will take the matter up with his/her manager within five (5) working days of the date that the events giving rise to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for hereinthe grievance were known or could reasonably have been known except in the case of a grievance regarding wages which have a time limit of 30 days. The employee or Union shall first discuss any individual complaint informally must request his/her Committeeperson to attend with him/her on the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 discussion of the grievance procedure a representative with the manager. The manager shall take two (2) working days following the discussion prior to responding to the complaint or grievance. (b) If the complaint or grievance is not settled, the grievance shall be reduced to writing, giving all particulars of the Ontario Nurses' Association may event or events out of which the grievance arises including the time and date of the event, and shall be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as delivered to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, manager by the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences his/her Committeeperson within ten five (105) working days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days date of the meeting to with the Bargaining Unit President manager. Upon receipt of the written grievance, the manager shall record his or her designate with response on the grievance form, and provide a copy to the Labour Relations Officeremployee or his/her Committeeperson within two (2) days of receipt of the grievance in writing. (c) A meeting with the department manager and committeeperson will take place within five (5) working days of the receipt of the written grievance. Should The manager shall respond to the Administrator fail grievance in writing to render his decision the committeeperson within three (3) working days after the date of the meeting. (d) If the response of the department manager is not satisfactory to the employee, then within two (2) working days the Union will respond in writing to the General Manager. Within three (3) working days of receipt of the written response of the Union or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrablesuch other time mutually agreed upon, the grievance Shop Committee and the Department and General Manager shall meet to discuss the grievance. The Shop Committee may have present at this meeting the National Representative or Local President. The General (e) If the written decision of the General Manager or designate is not satisfactory to the shop committee, the matter may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.ten

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 A. For the purpose of this Agreement, a grievance is a difference of opinion, controversy or dispute between the Agency and the Union, or between the Agency and any employee, concerning rates of pay, wages, hours of employment, or other conditions of employment, or concerning the interpretation or application of this Agreement, and which, in the instance of a difference of opinion, controversy or dispute between the Agency and any employee, is not settled or adjusted by the department supervisor to the satisfaction of the employee concerned and the Union. The provisions of this Article shall not apply to the contents of performance evaluations of professional employees and program staff or to dismissals based on such performance evaluations. As to those matters, the decision of the Chief Executive Officer shall be final. B. The Agencies and the Union both acknowledge and agree that many workplace issues can be resolved through informal discussion and communication without the need to invoke the formal grievance procedure. Accordingly, the Union agrees that it shall direct its stewards and/or representatives to, whenever reasonably possible, informally raise and discuss with the Agency’s Head of Human Resources or that person’s designee any issue which might otherwise become a grievance, and the Agencies agree that the Heads of their Human Resources Departments or that person’s designee shall be reasonably available for such informal discussions and communications and shall, where further discussion of the issue might avoid the grievance, provide a written consent to extend the time within which to file a Step One or Step Two grievance, as applicable, for fifteen (15) calendar days to pursue such resolution of the issue outside the grievance process. This will not restrict the filing of a grievance at the appropriate step. C. No settlement of any grievance or any arbitration award under this Article XXVI shall impose retroactivity beyond the date that the employee claiming to be aggrieved knew or should have known with the exercise of due diligence of the act, transaction, occurrence, event or omission giving rise to the grievance. D. All grievances over disciplinary action in excess of a first written warning, up to and including discharge, discharges resulting from performance deficiencies for those discharges that are not excluded from this grievance and arbitration procedure under Paragraph A of this Article, and class-wide grievances may be filed at Step 2 of the procedure set forth in Paragraph E within the timeframe established for filing grievances at that step. All other grievances shall be lodged at Step 1 within the timeframe established for lodging grievances at that step. The parties may by mutual agreement decide to this agreement believe it is important waive Step 1 and proceed to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss Step 2 in any individual complaint informally with the Director of Care or designate at the first opportunitygrievance matter. 8.02 In all steps E. The following procedure shall be applied and relied upon by both parties as the sole and exclusive means of this seeking adjustment of and settling grievances: STEP 1 Any employee who has a grievance procedure an aggrieved employeeshall meet and discuss it with their supervisor and with their ▇▇▇▇▇▇▇, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 the employee requests to have the ▇▇▇▇▇▇▇ present, within fifteen (15) calendar days of the grievance procedure occurrence of the incident giving rise to the grievance. If the employee requests to have a ▇▇▇▇▇▇▇ present, a representative of the Ontario Nurses' Association may Agency’s Human Resources Department shall be entitled to attend. The supervisor or the Human Resources Department representative who attended the Step 1 meeting shall provide the employee and the ▇▇▇▇▇▇▇, if a ▇▇▇▇▇▇▇ was present at the request Step 1 meeting of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences their answer within ten fifteen (1015) calendar days of the occurrence. If further action is Step 1 meeting, and shall notify the Union representative assigned to be taken, then within ten (10) days the bargaining unit of the discussion, Step 1 answer by electronic mail on the employee, who may request day the assistance supervisor makes their Step 1 decision. STEP 2 If the aggrieved employee desires to proceed beyond Step 1 of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing this procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed presented in writing to have been settled the Agency’s Head of Human Resources or abandoned. 8.04 A written grievance will indicate the nature a person designated by them within fifteen (15) calendar days of the supervisor’s Step 1 answer. Within fifteen (15) calendar days after the submission of a grievance at Step 2, the Agency and the remedy sought Union representative assigned to the bargaining unit or their designee, will schedule a Step 2 meeting. The meeting may be in person or by telephone and attended by the grievor. Union grievances shall be set out on the union grievance form. Alternatelyrepresentative, a Union ▇▇▇▇▇▇▇ or another Union designee, the parties may agree to an electronic version grievant, the Agency’s Head of this form Human Resources, or their designee and a process for signing.no more than two (2) additional representatives of the Agency. The Head of Human 8.05 Time limits fixed in STEP 3 If the grievance is not resolved at Step 2 and arbitration procedures may be extended only by writtenthe Union demands arbitration, mutual consent the Agency’s Head of Human Resources and the attorney for the Joint Personnel Committee, if the Agency requests, shall confer with a representative of the parties. Should Union who has full authority to settle the Employer not respond grievance within the time limit(stwenty (20) fixed, such failure calendar days in a good faith effort to respond shall be deemed to be negotiate a denial settlement of the grievance. Should If the grievance involves a discharge of an employee, the parties shall consider the following factors, among others, in reducing the potential back pay to which the employee would be entitled if the grievance were to be upheld in arbitration: the amount of unemployment compensation benefits for which the employee is eligible if awarded such benefits, and in the case of an employee who has not be submitted within applied or does not apply for unemployment compensation, the various time limits specified in this Agreement, unless mutually extended, it shall be considered to amount of such benefits the employee would have been settled awarded if they applied, because the Agencies are self-insured for unemployment compensation benefits; whether there are reasonably comparable jobs available in the market and whether the employee has diligently sought new employment; any interim earnings the employee has received since the termination but not including earnings the employee would’ve received regardless of their employment with the Agency; and an honest discussion of the strengths and weaknesses of the parties’ respective cases. STEP 4 Grievances unresolved at Step 3 of this procedure may be referred by the Union or abandonedthe Agency to an impartial arbitrator for settlement. The request for arbitration must be in writing or by email. A request for arbitration by the Union must be made to the Agency’s Head of Human Resources. A request for arbitration by the Agency must be made to the Union representative assigned to the bargaining unit or an employee specifically designated by the Union for receipt of such requests. The Union shall provide the Agencies with name and contact information for such designee. Any request for arbitration must be made no later than fifteen (15) calendar days after the unsuccessful Step 3 conference.

Appears in 3 contracts

Sources: Memorandum of Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it 11.1 A grievance is important to adjust complaints and grievances as quickly as possible as provided for herein. The a complaint by any employee or Union shall first discuss any individual complaint informally with the Director group of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure employees involving an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation and/or interpretation of any of the provisions provision of this Agreement, . 11.2 The Union may bring a verbal complaint to the employee or Company regarding working conditions not covered by the Bargaining Agreement. A response will be provided to the Union Representative will bring it and employee within five (5) working days. 11.3 A grievance shall be presented to the attention of the immediate supervisor orally. If it is not satisfactorily settled, it will then be reduced to settle such differences writing and must include: a. A statement of the grievance, the date, and the facts upon which it is based and the section of the contract violated. b. The proposed remedy or correction. 11.4 When a grievance has been presented by the Union to the Company, representatives of the Company shall not discuss or attempt to adjust the grievance directly with the aggrieved employee or group of employees. 11.5 A written grievance shall be presented to the Customer Operations Manager within thirty (30) working days of the occurrence out of which the grievance arose. The Customer Operations Manager shall present a written response within five (5) working days. 11.6 If a satisfactory settlement is not reached at this level, the grievance shall be presented within ten (10) working days of thereafter to the occurrenceLabor Relations Representative. If further action is to A response shall be taken, then presented in writing within ten (10) days working days. 11.6.1 The provisions of this Article shall not prevent either party from discussing a grievance at any level of the discussiongrievance procedure in order to settle the grievance. Grievances not so presented within the time limits described shall be considered as non-arbitrable; however, the employee, who time limits may be waived by mutual agreement. 11.7 Grievance meetings shall be held promptly upon reasonable request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance from either party to the Administrator or designateother. A The place of meeting will shall be held mutually agreed upon, with each party giving due consideration to the convenience to the other. 11.8 Authorized Union Representatives investigating grievances as described above may do so on Company premises. Such investigations must be mutually prearranged between the parties within ten (10) daysappropriate Manager and the appropriate Union Officer and conducted in an orderly manner. 11.9 Aggrieved employees and authorized Union Representatives meeting with the Company in grievance meetings for the purpose of discussing grievances in an attempt to settle such grievances shall suffer no loss in regular straight-time pay as a result of time lost from scheduled work. The Administrator number of employees who shall give a written decision within ten suffer no loss of regular pay as set forth herein shall be not more than two (102) days at any level of the meeting grievance procedure. 11.10 Any grievance which cannot be satisfactorily resolved under the steps of the grievance procedure may be submitted for arbitration by the Union upon written notice to the Bargaining Unit President or her designate with a copy to Company and the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received American Arbitration Association within ten forty-five (1045) days after receipt of the Labor Relations Representative’s answer. An arbitrator will be selected according to the rules of AAA. 11. 10.1 The time periods referred to in this Article exclude Saturdays, Sundays and holidays recognized in the contract. 11.11 The Company and the Union shall each bear the cost of its witnesses, attorneys, and preparation of their own cases. The cost of the arbitrator, and any expenses incurred in connection with his work, shall be borne equally by the Company and the Union. 11.12 The Company and the Union agree to accept the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance arbitrator as final and binding; but, in no case shall the remedy sought by arbitrator render a decision on any question not originally submitted to him, it being understood that the grievor. Union grievances arbitrator shall be set out on have the union grievance form. Alternately, power to interpret and render decisions based upon the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent express provisions of the partiesAgreement. Should The arbitrator shall have no power to modify, change, add to or subtract from the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial express provisions of the grievance. Should a grievance not be submitted within Agreement nor shall he have the various time limits specified in this Agreement, unless mutually extended, it power to render an award which shall be considered make effective any provisions of the Agreement for any period subsequent to have been settled or abandonedits termination date.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to ‌ A "grievance" is defined as any complaint that Management is in non-compliance with a specific provision of this agreement believe it Agreement; provided, however: If specific administrative agency relief of a judicial nature is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with by the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 statutes of the State of Ohio or the United States for review or redress of a specific matter (such as Worker's Compensation, Unemployment Compensation, Board of Review, E.E.O.C., Civil Rights Commission), such matter may not be made the subject of a grievance procedure and may not be processed as such. If a representative of grievance arises between an employee and Management and/or the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer Council and an employee, or between the Employer and the Union, as Management with respect to the interpretation, application, administration or alleged violation of any enforcement of the provisions of this Agreement, such grievances shall be handled as follows: The employee shall first discuss his/her grievance with his/her first line supervisor, with the ▇▇▇▇▇▇▇ present, and attempt to resolve the dispute. Step 1. First Line Management and/or Superintendent‌ In the event the dispute is not resolved in accordance with the above paragraph, the aggrieved employee or Union Representative will bring it shall deliver his/her written grievance to the attention of the his/her immediate supervisor to settle such differences outside the bargaining unit within ten (10) calendar days after the employee has knowledge of, or should have had knowledge of the occurrenceincident upon which the alleged grievance is based. If further action is to be taken, then The supervisor and/or Division Manager will answer the grievance in writing within ten (10) days workdays after receipt. If the employee is not satisfied with the written answer of the discussionsupervisor and/or Division Manager, he/she may refer the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designateSecond Step of the grievance procedure. A meeting will be held between If the parties employee does not refer his/her grievance to the Second Step of the grievance procedure within ten (10) days. The Administrator shall give a written decision within ten (10) days workdays after receipt of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified rendered in this Agreement, unless mutually extendedstep, it shall be considered to have been settled or abandonedbe satisfactorily resolved. The grievance as prepared in Step 1 shall be prepared in five (5) copies by the grievant and given to the supervisor under Step 1. The supervisor shall make distribution of said copies as follows: Retain one (1) and deliver: One (1) copy to the Manager of the Division One (1) copy to the Director of the Department One (1) copy to HR The fifth (5th) copy shall be retained by the employee If, through inadvertence, a copy is not distributed pursuant to the above, it shall not prejudice the grievance.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement Agreement believe that it is important to adjust respond to complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at Manager promptly following the first opportunityissue giving rise to the complaint. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, or between the employer and a group of employees who have identical grievances, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it such dispute shall be brought to the attention of the immediate supervisor other party as a complaint within fourteen (14) calendar days or when the employee ought to settle have reasonably become aware of the issue giving rise to the complaint/grievance. Grievance transmittals shall take place between the bargaining unit representative designated by the Bargaining Unit President and the position designated by the Employer. It is understood that the Union has carriage of all grievances. Amalgamation of like grievances can only occur with mutual agreement of the Employer and Union. Grievances shall be on the form set out in Appendix 1. The parties agree to utilize an electronic copy of this form for the submission of grievances. 8.03 Once a complaint is initiated, the parties shall have a period, not to exceed forty (40) calendar days, during which to hold meetings as necessary to discuss the issue and attempt to arrive at a resolution. In addition to the union representative, the Union’s Labour Relations Officer is entitled to attend such differences meetings. 8.04 (a) If, after the end of such forty (40) calendar day period, the issue has not been resolved, either party may inform the other party within fourteen (14) calendar days of its written intent to forward the matter to arbitration. Such notice shall contain the name of the first party’s recommended Sole Arbitrator. Where such written notice is post- marked within twelve calendar days after the above forty (40) calendar day period, it will be deemed to have been received within the time limits. The recipient of the notice shall, within ten (10) days calendar days, inform the other party of its agreement or propose an alternate Sole Arbitrator in writing. If the parties are unable to agree on an Arbitrator, the appointment of the occurrence. If further action is to Arbitrator shall be taken, then within ten (10) days made by the Minister of Labour for Ontario upon the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The (a) If any differences, disputes, or complaints arise over the interpretation or application of the contents of this AGREEMENT, there shall be an ▇▇▇▇▇▇▇ effort on the part of both parties to this agreement believe settle such promptly through the following steps: Step 1. By conference between an official of the Union and the Employer. Step 2. In the event that Step No. 1 fails to settle satisfactorily the com­ plaint, it is important shall be referred to adjust complaints the Board of Arbitration. (b) The Board of Arbitration shall consist of five (5) members — two to be desig­ nated by the Employer, two by the Union, and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at fifth by the first opportunity. 8.02 four. In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 the event that the first four arbitrators cannot agree upon the selection of the grievance procedure a representative of fifth, then the Ontario Nurses' Association may fifth shall be present at appointed, upon the request of either party, by any judge of the United States District Court for the Eastern District of Missouri. 8.03 Should (c) The decision of a majority of the Board of Arbitration shall be final and binding on the parties to this AGREEMENT, but such Board shall not be empowered to add to, detract from or alter the terms of this AGREEMENT in any dispute arise between way. (d) The fee and expenses, if any, of the arbitrators selected by 'the Employer and an employeeby the Union shall be paid by the party making the selection. The fee and expenses of the fifth member of the Board of Arbitration shall be shared equally by the parties, or between and whatever other expenses are involved in the arbi­ tration hearing shall be shared equally by the parties. (e) In case of dispute as to wages the Employer and agrees to submit to an author­ ized representative of the Union, as bona fide copies of employees’ social security records. (f) At any step in this grievance procedure, the Executive Board of the Local Union shall have the final authority, in respect to any aggrieved employee covered by this AGREEMENT, to decline to process a grievance, complaint, difficulty or dispute further if in the judgment of the Executive Board such grievance or dispute lacks merit or lacks justification under the terms of this AGREEMENT to the interpretation, application, administration or alleged violation of any satisfaction of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandonedExecutive Board. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 6.01 A grievance shall not be considered if the circumstances giving rise to it occurred or originated more than five (5) working days prior to the filing of the grievance. 6.02 Any matters raised by an employee of the Union covered by the terms of this Agreement regarding the administrative interpretation, alleged violations, or applications of the Agreement, may be submitted as a grievance. An ▇▇▇▇▇▇▇ effort will be made to settle any grievance that may arise in the following manner: Step 1 The employee shall discuss it with their supervisor or designate and will be accompanied by their committee person if requested. The parties shall discuss the complaint with a view to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for hereinresolving it. The employee supervisor or Union designate shall first discuss any individual complaint informally give an oral reply as soon as possible, but in all cases within three (3) working days from the original presentation of the grievance. Step 2 Complaints not resolved at Step 1 will be submitted in writing as a grievance to the Facility Manager, or their designated representative, by the committee person within three (3) working days from the date the Step 1 decision was rendered. The Facility Manager, or the designated representative, shall investigate the grievance, meeting with the griever, supervisor, committeeperson and witnesses and submit written answers to the grievances within five (5) working days from the meeting. Step 3 Grievances not resolved at Step 2 will be submitted to the Director of Human Resources, or a designated representative, by the committee person within five (5) working days from the date on which the Step 2 decision was rendered. A Step 3 meeting will be held with the Director of Care Human Resources, Facility Manager, Union Chairperson, committee person and the aggrieved employee within seven (7) working days The Director of Human Resources, or designate their designated representative, shall submit written answers to the grievances within seven (7) working days after the Step 3 meeting is held. 6.03 Committee Persons will be afforded reasonable time off from their work, to assist in the settlement of issues and grievances and in the administration of this Agreement as may be required; provided that arrangements for such time off shall first be made with the Facility Management to avoid interference with the facility operations. When meetings between these representatives, the griever and the Facility Management are such that they can only be held at the first opportunityfacility and during the regular work hours of such representatives and the griever there shall be no loss of earnings to any employee participating in such meetings. 8.02 In all steps 6.04 A Union Policy or Group Grievance, which is defined as an alleged violation of this grievance procedure Agreement concerning the Union as a whole or all or a substantial number of employees in the bargaining unit, in regard to which an aggrieved employeeindividual employee could not grieve, if she so desires may be accompanied lodged by an authorized representative of the Union, in writing, with the Company at Step 3 of the Grievance Procedure at any time within five (5) working days after the circumstances giving rise to such grievance occurred or represented originated. If not satisfactorily settled, it may be processed to arbitration in the same manner and to the same extent as the grievance of an employee. 6.05 If a claim by her the Company that the Union Representativeor any of its authorized representatives have violated this Agreement may be filed as a grievance by the Company with the Union’s Chairperson at any time within five (5) working days of the circumstances giving rise to the grievance. At Step 1 The Union shall meet with the Company within five (5) working days thereafter to consider the grievance. If final settlement of the grievance procedure a representative of the Ontario Nurses' Association is not reached, it may be present at processed to arbitration in the request of either partysame manner and to the same extent as a union policy grievance. 8.03 Should 6.06 Both parties to this Agreement agree that any dispute arise between the Employer and an employee, or between the Employer and the Union, as to grievance concerning the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, including the employee or Union Representative will bring it to question of whether any matter is arbitral, that has been properly carried through all the attention steps of the immediate supervisor to settle such differences grievance procedure, and that has not been settled may, within ten (10) working days after receipt of the occurrence. If further action is to be takenStep 3 written answers covering the grievance, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to an Arbitrator at the request of the moving party hereto. 6.07 Each of the parties to this Agreement will bear their own expenses and will jointly bear the expense of the Arbitrator. 6.08 The moving party may apply for the appointment of an Arbitrator, under the expedited arbitration provision of the Ontario Labour Relations Act. 6.09 The time limits set forth in this Article may be extended by mutual agreement of the parties, confirmed in writing. 6.10 The union may request that the local union President and or National Representative may attend the Step 3 meeting by request of either party. If no written notice of intent . 6.11 The term working day will exclude Saturday, Sunday, Holiday and or Vacation days. 6.12 The Company will provide at the 3rd Step meeting pertinent disciplinary notices, payroll and attendance records and or other relevant information. 6.13 Where a party fails to submit respond in the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is receivedtime limits set forth herein, the grievance shall be deemed to have been considered as resolved or settled based on the Union’s last position or abandoned. 8.04 A written grievance will indicate the nature of the grievance Company’s last response. The Company and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures recognize that extensions may be extended only granted by written, mutual consent of the partieseither party. Should the Employer not respond 6.14 The Company will pay resolved grievances within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned14 days.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it Section 1. A grievance is important to adjust complaints and grievances defined as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, any Employee covered by this Agreement or between the Union and the Employer concerning the application or interpretation of any term or condition of this Agreement. Section 2. The Union may file a grievance directly with the Employer and if the Uniongrievance is not resolved, as then the Union or the Employer may refer the grievance to the interpretationJoint Conference Committee. To be timely filed, application, administration or a grievance must be filed in writing within fourteen (14) calendar days of the occurrence of the alleged violation of any of the provisions of this Agreement, excluding violations found through an audit. Section 3. A grievance involving an employee may be taken up by the employee Union ▇▇▇▇▇▇▇ directly with the Employer's Representative. If the Union and the Employer are unable to resolve the grievance, then the Employer or the Union Representative will bring it may submit the grievance to the attention Joint Conference Committee. Section 4. A Joint Conference Committee shall be established under the Collective Bargaining Agreement between the Southern California Glass Management Association and the Union. The Association and the Union shall each appoint three (3) Representatives to constitute the Joint Conference Committee. Each Employer signed to this Agreement agrees to accept the jurisdiction of the immediate supervisor to settle such differences Joint Conference Committee and be bound by a procedures and determination and awards made by the Joint Conference Committee regarding any dispute or grievance under this Agreement. Section 5. The Joint Conference Committee shall meet within ten (10) days after a grievance or dispute has been submitted to the Committee by either the Employer or the Union. Section 6. Following the appointment of the occurrencemembers to the Committee, the Committee shall select a Chairman and a Secretary to serve during the term of the Agreement, or until replaced by the Section 7. If further action is Upon a grievance or dispute being referred to the Joint Conference Committee, the Committee shall call a meeting as required by this Article, and hold a hearing regarding the grievance of dispute. The Joint Conference Committee shall notify both parties as to the grievance or dispute and specify the nature of the grievance or dispute and of their right to present witnesses and evidence at the hearing. The parties shall be takenallowed to present witnesses and argue their position concerning the grievance or dispute. Upon the completion of the testimony and the evidence, then and upon the closing of the hearing, the Joint Conference Committee shall issue a decision by a majority vote within ten (10) days after close of the discussionhearing, which shall constitute an award which shall be final and binding upon the Union, the employeeEmployer and any employee involved in the grievance or the dispute, who may request and upon the assistance of her Union Representative and/or Labour Relations OfficerAssociation. The Joint Conference Committee, in issuing a decision, shall have the jurisdiction and authority to fine any party in violation of this Agreement, and to issue a determination with an appropriate remedy that may include payment for loss of wages, Trust Fund contributions, damages, or a specific order directing the party to comply with this Agreement. Section 8. In the event the Joint Conference Committee cannot reach a decision, either the Union or the Employer may submit the written grievance of dispute to the Administrator or designatearbitration. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent Any party desiring to submit the matter for dispute or grievance to arbitration is received must notify the Secretary of the Committee, in writing, that the party desires to proceed to arbitration within ten (10) days after the meeting or notice by the Committee that a decision under Step Nohas not been reached. 1 is receivedUpon such a request, the grievance Joint Conference Committee shall select an impartial arbitrator. In the event the parties are unable to agree upon an impartial arbitrator, they shall request the Federal Mediation and Conciliation Service to submit a list of seven (7) persons qualified to act as the impartial arbitrator. Upon receiving the list, the Employer and the Union shall select an arbitrator within five (5) days after receipt of the list by striking three (3) names from the list. The party to strike first from the list will be selected by lot. Section 9. The impartial arbitrator shall hold a hearing as soon as practicable, and following the conclusion of the hearing shall issue an award which shall be deemed to have been settled final and binding upon the Union, the Employer, the Association and any employees involved in the grievance or abandoneddispute. The arbitrator shall render his award within thirty (30) days after the conclusion of the hearing. 8.04 A written grievance will indicate the nature Section 10. All expenses of the arbitration, including the fees of the arbitrator, and the cost of any transcript, shall be paid equally by both parties. Should either party request a copy of the transcript of the hearing, the requesting party shall incur the cost of the transcript. Section 11. The arbitrator shall have no authority to modify, amend, revise, add to, or subtract from any of the terms or conditions of this Agreement. Section 12. Nothing contained in this Article on grievance and arbitration shall preclude an employee from filing claim for wages or fringe benefits with the remedy sought by California Division of Labor Law Enforcement, provided that when the grievor. Union grievances shall be set out employee obtains a final determination on the union grievance formmerits of the Section 13. AlternatelyIn the event of a failure by an Employer to comply with any award or decision of the Joint Conference Committee or an impartial arbitrator, then the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in Union need not proceed through the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified set forth in this Agreement, unless mutually extendedand in such case the Union may resort to economic and/or legal action, it including withholding of service, a strike, picketing and boycotting concerning such claim for wages or fringe benefits. Such rights shall exist in any case where the Union claims that there has been a violation of Agreement by the Employer regarding the failure to pay wages, fringe benefits, or to comply with a decision and award of the Joint Conference Committee, or an impartial arbitrator. In such case, the Union, before resorting to any economic action, will give the Employer two (2) business days written notice by wire or Registered Letter with "Return-Receipt Requested" of its intention to take such economic action. If such notice is given, a copy of the notice shall be considered mailed simultaneously to the Southern California Glass Management Association. For the purpose of this Section, the terms "wages" and "fringe benefits" shall apply to all terms and conditions set forth in this Agreement that are Employer cost items and shall apply to all premium pay conditions and all other items within the definition of wages. This Section shall not apply to any grievance or dispute concerning job description or the appropriate regular wage rates required as related to job descriptions. Section 14. In the event the Union takes economic action concerning the enforcement of the Agreement regarding the Employer's payment of wages or fringe benefits, including contributions to any Trust Funds, or an award of the Joint Conference Committee, or an arbitrator, then the Employer shall be liable to pay the wages and fringe benefits lost by each employee due to the strike called by the Union in order to enforce the Agreement up to a maximum of two (2) weeks. The amount of wages and fringe benefits to be paid to such employees shall be equal to the amount of wages and fringe benefits the employees would have earned if they had not been settled called off the job up to a maximum of two (2) weeks, based on the Employer's failure to comply with a Joint Conference Committee, or abandonedan arbitrator's award.

Appears in 3 contracts

Sources: Master Labor Agreement, Master Labor Agreement, Master Labor Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute differences arise between the Employer Company and an employee, or between the Employer and the Union, employee as to the interpretation, application, administration or alleged violation of any of the provisions meaning and application of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor parties shall make an ▇▇▇▇▇▇▇ effort to settle such differences within ten (10) days promptly by the grievance procedure set forth below. However, the establishment of the occurrence. If further action is to be taken, then within ten (10) days steps in the grievance procedure for the formal handling of grievances shall not prohibit nor discourage the discussion, the employee, who may request the assistance amicable solution of her Union Representative and/or Labour Relations Officer, shall submit the written grievance such matters without recourse to the Administrator or designategrievance and arbitration procedure. A meeting will Grievances concerning disciplinary action resulting in the discharge of an employee shall be held between the parties within ten (10) days. The Administrator treated as all other grievances, except that Step 1 shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, omitted and the grievance shall be deemed presented in writing, signed by the employee within three (3) working days of the effective date of the discharge. The second and third step meetings shall be limited to have been settled the aggrieved employee, or abandonedthe aggrieved employee’s designee, and not more than one of a group of aggrieved employees may be present at such meetings. All monetary grievance settlements shall be paid by separate check to the grievant or grievants and a copy of the same sent to the Local Union for their records. Such settlements shall be paid on the next regular pay date. If any monetary grievance settlement is not paid on the next regular pay date the grievant shall be paid an additional penalty equal to four (4) hours pay at the employee’s current regular straight time hourly rate of pay. 8.04 A written grievance will indicate the nature of STEP 1 - The aggrieved employee shall take the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternatelyup with his or her department director or designee, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in within three (3) working days after the grievance and arbitration procedures may be extended only by written, mutual consent of originally occurs or the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it matter shall be considered closed. The aggrieved employee shall complete the Step 1 grievance notification form provided by the Union and a copy of such form shall be provided to have been settled or abandonedboth the designated Company representative, the Chief ▇▇▇▇▇▇▇ and the Union Business Representative.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with In the Director event of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, Local Union or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions persons subject to this Agreement and the Producer with regard to wage scales, hours of employment or working conditions or with regard to the interpretation of this AgreementAgreement concerning such provisions,1 the procedure, unless otherwise specifically provided herein, shall be as follows: If the employee grievance is not settled within five (5) working days after the invocation of Step One and if the aggrieved party objects to submission of the dispute to Step Two, then it may proceed immediately to expedited or Union Representative will bring regular arbitration, as provided below, by delivering or mailing, within five (5) days thereafter, a written request for expedited arbitration or a written demand for regular arbitration, as provided below. If the responding party objects to submission of the dispute to Step Two, it shall so notify the other party at least three (3) days prior to the attention of Step Two hearing. The aggrieved party shall thereupon have the immediate supervisor right to settle such differences proceed to expedited or regular arbitration, as provided below, within ten (10) working days after receipt of such notice from the responding party. 1 Any such disputes that give rise to an alleged violation of Sections 8(a)(1) and/or 8(a)(3) of the occurrenceNational Labor Relations Act, or in which the facts alleged would constitute such a violation, are also subject to the grievance and arbitration procedure in this Article 7. If further action such demand for Step Two proceedings is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is receivedso served, the grievance shall be deemed brought before the Grievance Committee as soon as possible, but not later than twenty (20) working days following the receipt of such notice, unless either party objects to have been settled or abandoned. 8.04 A written grievance will indicate the nature submission of the dispute to Step Two as provided above. The Grievance Committee shall consist of a designated Representative of the Local Union and a representative of CSATF. The parties to the grievance and the remedy sought by the grievor. Union grievances shall be set out on present and shall be responsible for the union grievance formpresentation of their own position at such time and place. Alternately, the parties may agree Failure of either party to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of to comply with the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond foregoing requirements shall be deemed a waiver of the claim or waiver of any defense to the claim, as the case may be. The Grievance Committee shall schedule the order of the grievances to be a denial of heard. Prior to beginning the hearing, the Committee shall attempt to assist the parties in mutually resolving the grievance. Should If the parties fail to resolve the grievance with the assistance of the Committee, either party shall have the right to opt out of the Step Two hearing before it begins and the aggrieved party may instead proceed to arbitration. If neither party opts out of the Step Two hearing, the Grievance Committee will afford the parties an oral hearing on the merits of such grievance and render a grievance not be submitted written decision thereon within five (5) working days from the various time limits specified close of the hearing, but in this Agreement, unless mutually extended, it no event later than twenty (20) working days after the hearing commenced. The Second Step shall be considered to have been settled an informal one and for the purpose of resolving the grievance. The Committee shall determine its own rules and procedures. The decision of the Grievance Committee, if any, shall be final and binding upon the parties and any employees concerned. days after the date of the Step Two meeting, a written demand for expedited or abandonedregular arbitration.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances 4-1 A grievance shall be defined as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to regarding the interpretation, application, administration application or alleged violation of any of: (a) Any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention ; (b) Any of the immediate supervisor to settle such differences within ten (10) days policies or regulations of the occurrence. If further action is School District which directly relate to be taken, then within ten (10) days those mandatory subjects of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designatebargaining as outlined in NRS 288.150(2). A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred filed by an administrator of the School District covered by this Agreement, or by the Association. A grievance shall not include any matter or action taken for which relief is granted by the Statutes of Nevada. 4-2 Grievances will be brought by individuals or groups of individuals who are directly affected by the nature of this dispute. Grievances may be initiated or pursued at any step and to arbitration any higher step by either partyCCASAPE. If no A grievance filed by the Association involving more than one (1) administrator in more than one (1) location may be commenced at Step Two of the Grievance and Arbitration Procedure by filing a written notice of intent to submit grievance. 4-3 A grievance as defined above must be filed in writing alleging which terms or provisions under which the matter for arbitration is received within ten dispute arises, and must be filed not later than twenty (1020) school days after the decision under Step Noaffected administrator or Association first knew or should have known of the act or condition upon which the grievance is based. 1 A school day shall be defined as a day in which a covered administrator is receivedrequired to be present on the job. 4-4 During all procedural steps, each of the parties to the grievance shall be deemed have access at reasonable times to have been settled or abandoned. 8.04 A all written grievance will indicate the nature of the grievance statements and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial records of the grievance. Should All proceedings in any grievance shall be conducted in private and full confidentiality shall be maintained. 4-5 In the event the grievance is between two (2) members of CCASAPE, the grievant will be represented by CCASAPE during the entire Grievance and Arbitration Procedure. 4-6 All grievances shall be handled in the following manner: 4-6-1 A grievant may first attempt to resolve it informally by meeting with his immediate supervisor within five (5) school days. At this step there is no reason to put the grievance in writing, no written report shall be made by the supervisor. The supervisor shall render a decision no later than five (5) school days from the date of the meeting. A decision reached between the grievant and the supervisor does not establish a precedent and cannot be utilized as the basis for resolving any other grievance. If the administrator is not satisfied with the response from the immediate supervisor, the grievant may proceed to Step Two. 4-6-2 If the grievance is not resolved at Step One, the grievant or the Association may submit the unresolved grievance to the superintendent or designee in signed written form within the twenty (20) school day period specified in 4-3. 4-6 3 In the event a grievance not be is submitted to Step Two in a timely manner, the superintendent or designee and the supervisor being grieved shall meet with the grievant and/or the designated association representative within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.seven

Appears in 3 contracts

Sources: Negotiated Agreement, Negotiated Agreement, Negotiated Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 12.1. Employees shall immediately first informally discuss grievances with their immediate supervisor. A ▇▇▇▇▇▇▇ may accompany the aggrieved Employee, if he or she requests. 12.2. Any dispute relating to the interpretation of or adherence to the terms and provisions of this Agreement shall be handled in accordance with the following procedures: Step 1. The parties to this agreement believe it is important aggrieved employee and/or Union shall attempt to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally the grievance with the Director Employer within ten (10) calendar days of Care or designate at the first opportunityevent giving rise to the grievance. Grievances related to wages shall be timely if received by the Employer no later than sixty (60) calendar days following the date of receipt of the check by the employee. 8.02 In all steps Step 2. If the grievance is not resolved in Step 1, it shall be reduced to writing, shall specify in detail the alleged violation of this grievance procedure an aggrieved employeethe Agreement, if she so desires may and shall be accompanied received by or represented by her Union Representativethe Employer no later than ten (10) calendar days following the Step l meeting. At Step 1 Within ten (10) calendar days following receipt of the grievance procedure a representative by the Employer, representatives of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and the Union shall meet and attempt to resolve the grievance. The time for said meeting may be extended by mutual agreement. Step 3. If the grievance is not resolved in Step 2, either party may refer the matter to Federal Mediation and Conciliation Services for non-binding mediation. Either party may opt to bypass this step and go immediately to Step 4. Step 4. If the grievance is not resolved in Step 3, either party may refer the matter to arbitration. Any demand for arbitration shall be in writing and must be received by the other party within ten (10) calendar days following the Step 3 meeting. The Employer and the Union shall attempt to agree on a neutral arbitrator who shall hear and determine the dispute. If no agreement is reached, the arbitrator shall be selected from a list of seven (7) neutral arbitrators to be submitted to the parties by the Federal Mediation and Conciliation service. The Employer and Union shall each alternately strike one (1) name, and the order of striking shall be determined by chance. The remaining arbitrator, after each party has made three (3) strikes, shall hear and determine the dispute. 12.3. The authority of the arbitrator shall be limited to making an employeeaward relating to the interpretation of or adherence to the written provisions of this Agreement, and the arbitrator shall have no authority to add to, subtract from or modify in any manner the terms and provisions of this Agreement. The award of the arbitrator shall be confined to the issues raised in the written grievance and the arbitrator shall have no power to decide any other issue. 12.4. The standard of proof shall be the preponderance of the evidence or clear and convincing evidence and never shall be the standard of beyond a reasonable doubt. In cases of disciplinary action, the standard of proof shall be clear and convincing evidence. 12.5. The award of the arbitrator shall be made within thirty (30) calendar days following the close of the hearing. The award of the arbitrator shall be final and binding upon the Employer, Union and employees involved. The fees and expenses of the neutral arbitrator shall be divided equally between the Employer and the Union, as . 12.6. The time limitations set forth herein relating to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give time for filing a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances demand for arbitration shall be set out on the union grievance formmandatory. Alternately, the parties may agree Failure to an electronic version of this form and a process for signing. 8.05 Time limits fixed follow said time limitations shall result in the grievance being permanently barred, waived and arbitration procedures forfeited, and shall not be submitted to arbitration. The time limitations provided herein may be extended only by written, mutual consent agreement of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representativeemployee representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative union representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative employee representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator Director of Human Resources or designate. A meeting will be held between the parties within ten (10) days. The Administrator Director of Human Resources shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator Director of Human Resources fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 3 contracts

Sources: Collective Agreement, Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 In the event of any dispute between the Union or any of the persons subject to this Agreement and the Producer with regard to wage scales, hours of employment or working conditions or with regard to the interpretation of this Agreement concerning such provisions,1 the procedure, unless otherwise specifically provided herein, shall be as follows: 1 Any such disputes that give rise to an alleged violation of Sections 8(a)(1) and/or 8(a)(3) of the National Labor Relations Act, or in which the facts alleged would constitute such a violation, are also subject to the grievance and arbitration procedure in this Article 7. following the receipt of such notice, unless either party objects to submission of the dispute to Step Two as provided below. The Grievance Committee shall consist of a designated Representative of the Local Union and a representative of CSATF. The parties to this agreement believe the grievance shall be present and shall be responsible for the presentation of their own position at such time and place. Failure of either party to the grievance to comply with the foregoing requirements shall be deemed a waiver of the claim or waiver of any defense to the claim, as the case may be. The Grievance Committee shall schedule the order of the grievances to be heard. Prior to beginning the hearing, the panel shall attempt to assist the parties in mutually resolving the grievance. If the parties fail to resolve the grievance with the assistance of the panel, either party shall have the right to opt out of the Step Two hearing before it begins and may instead proceed to arbitration. If neither party opts out of the Step Two hearing, the Grievance Committee will afford the parties an oral hearing on the merits of such grievance and render a written decision thereon within five (5) working days from the close of the hearing, but in no event later than twenty (20) working days after the hearing commenced. The Second Step shall be an informal one and for the purpose of resolving the grievance. The Committee shall determine its own rules and procedures. The decision of the Committee shall not be precedential. The decision of the Grievance Committee, if any, shall be final and binding upon the parties and any employees concerned. If the grievance is important not settled within five (5) working days after the invocation of Step One and if the aggrieved party objects to adjust complaints and grievances as quickly as possible submission of the dispute to Step Two, then it may proceed immediately to expedited or regular arbitration, as provided below, by delivering or mailing, within five (5) days thereafter, a written request for hereinexpedited arbitration or a written demand for regular arbitration, as provided below. If the responding party objects to submission of the dispute to Step Two, it shall so notify the other party at least three (3) days prior to the Step Two hearing. The employee aggrieved party shall thereupon have the right to proceed to expedited or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Unionregular arbitration, as to the interpretationprovided below, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) working days after receipt of such notice from the occurrenceresponding party. If further action is bypass Step Two, as provided in the first paragraph under "Step Two" above, or has decided to be takenopt out of Step Two, then within ten (10) days of as provided in the discussionthird paragraph under "Step Two" above, the employeeparties may proceed to expedited or regular arbitration as provided below. In either case, who the time limit for doing so shall be as provided under "Step Two" above, except when a party has elected to opt out of Step Two in accordance with the third paragraph under "Step Two" above, in which case the aggrieved party may request the assistance of her Union Representative and/or Labour Relations Officerproceed to regular or expedited arbitration, shall submit the written grievance as provided below, by delivering or mailing to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting other party and to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedureCSATF, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature date of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. AlternatelyStep Two meeting, the parties may agree to an electronic version of this form and a process written demand for signingexpedited or regular arbitration. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as 23.1 All matters pertaining to the interpretation, application, administration or alleged violation of any of the provisions proper application and interpretation of this Agreement, or any dispute or grievance arising hereunder, shall be adjusted by the accredited representative of Allied Employers, Inc. and the accredited representative of the Union. 23.1.1 In cases where it is concluded that an employee has been improperly discharged, the arbitrator may reinstate the improperly discharged employee. The arbitrator may not render an award which requires the Employer to pay an improperly discharged or suspended employee for time that the employee or Union Representative will bring it to the attention has not actually worked in excess of the immediate supervisor to settle such differences within ten wage and benefits the employee would have earned had he worked his normal schedule during the one hundred and eighty (10180) calendar days immediately following the date of discharge or suspension. The Parties confirm that the above is a hard cap with no exceptions. 23.2 In the event of the occurrencefailure of these parties to reach a satisfactory adjustment, the matter shall be referred in writing for final adjustment to a Labor Relations Committee consisting of two (2) Employer members and two (2) Union members. If further action is to be taken, then within ten (10) days The decision of the discussion, Labor Relations Committee shall be final and binding on all parties. 23.3 In the employee, who may request event the assistance of her Union Representative and/or Labour Labor Relations Officer, shall submit Committee is unable to resolve the written grievance to the Administrator or designate. A meeting will be held between the parties dispute within ten thirty (1030) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance excluding weekends and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extendedholidays, it shall be considered referred to have been settled an impartial arbitrator whose decision shall be final and binding upon the parties; provided, however, that nothing herein contained shall empower the arbitrator to add to, delete from or abandonedotherwise modify the terms of this Agreement. All grievances or disputes submitted to arbitration shall constitute a properly arbitrable issue under this Agreement and shall not be based on any issue or contention by either party which is contrary to the terms of this Agreement, or which involves the determination of a subject matter not covered by this Agreement. 23.4 Whenever it becomes necessary to select an impartial arbitrator as required by this Article, the Labor Relations Committee shall endeavor to make such selection by mutual agreement. In the event of failure to agree, the parties shall select an arbitrator by taking turns striking names off the list of the following permanent panel: 1. ▇▇▇▇ ▇. ▇▇▇▇ 2. ▇▇▇▇▇▇▇ ▇. ▇▇▇▇▇▇▇▇▇ 3. ▇▇▇▇▇▇ ▇. ▇▇▇▇▇ 4. ▇▇▇▇▇▇ ▇▇▇▇▇▇ 5. ▇▇▇▇ ▇▇▇▇▇

Appears in 3 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints Section 1. Should differences arise between the Office and grievances the Union as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, employees covered by this Agreement as to the interpretation, application, administration or alleged violation of any of the provisions meaning and application of this Agreement, there shall be no strike, sympathetic or otherwise, walkout, slow down or work stoppage of any nature, by the employee Union or Union Representative will bring it to employees, and there shall be no lockout by the attention of Office, but the immediate supervisor parties shall make an ▇▇▇▇▇▇▇ effort to settle such differences within ten (10) days promptly by the grievance procedure set forth below; however, the establishment of the occurrencesteps in the grievance procedure for the formal handling of grievances shall not prohibit or discourage discussion between an employee and a member of Management, and it shall not prohibit or discourage the amicable solution of such matters without recourse to the grievance procedure. Step 1. The aggrieved employee shall take the grievance up with her supervisor, within the scope of her authority, within three (3) working days after the grievance originally occurs or the matter shall be considered closed. Such employee may have the Union bargaining Committee member present at this meeting. Step 2. If further action is a satisfactory settlement has not been effected within seven (7) working days after the grievance was presented in Step 1., the grievance shall be reduced to be takenwriting, then within ten (10) days containing the basis of the discussiongrievance, and shall be signed by the aggrieved employee or, in his absence, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designaterepresentative. A meeting shall then be held, within seven (7) working days after the receipt of same by the supervisor between the aggrieved employee and the Union representative. Step 3. If a satisfactory settlement has not been effected within said seven (7) day period, a meeting will be held between the parties aggrieved employee, the Union, bargaining committee member, the Union’s International Representative, and the, supervisor and such other as the Office might designate. Said meeting shall then be held within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) working days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature receipt of the grievance and the remedy sought same by the grievorOffice. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond The Office within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.ten

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with A. A grievance within the Director of Care or designate at the first opportunity. 8.02 In all steps meaning of this grievance procedure an aggrieved employee, if she so desires may Agreement shall be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to concerning the interpretation, application, administration application or alleged claimed violation of any of the provisions a specific term or provision of this Agreement. This is the sole and exclusive procedure for the resolution of grievances under this Agreement. B. An aggrieved graduate employee or the Union shall present a grievance within fifteen C. The steps set forth below will be followed in the processing of grievances: Step 1. The graduate employee shall discuss the grievance with the appropriate faculty member or administrator, as the case may be, within the graduate employee’s department or in the appropriate unit of the assistantship. If the grievance is not adjusted satisfactorily to the graduate employee within ten (10) days, the employee or Union Representative will bring it may appeal the grievance to Step 2. Step 2. Grievances appealed to Step 2 shall be reduced to writing and sent to the Step 3. A grievance not settled in Step 2 may be appealed in writing to the attention ▇▇▇▇▇▇▇ of the immediate supervisor to settle such differences University, or his/her designee, within ten (10) days of the occurrenceStep 2 denial. If further action is The ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇'▇ designee shall meet with the Union to be taken, then discuss the grievance within ten (10) days of the discussion, the employee, who may request the assistance receipt of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) daysappeal. The Administrator shall give ▇▇▇▇▇▇▇ or designee will render a written decision within ten fifteen (1015) days of receipt of the meeting appeal. D. The University may present a grievance initially at step 3 by notice in writing addressed to the Bargaining Unit President or her designate with a copy Union at its offices. The Union shall respond in writing to the Labour Relations OfficerUniversity's grievance within five (5) days. E. Any disposition of a grievance from which no appeal is taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of the Agreement. Should Failure on the Administrator fail part of either party to render his decision or failing settlement of answer a grievance at any grievance under step shall not be deemed acquiescence thereto, and the foregoing procedure, including any questions as grieving party may proceed to whether a matter the next step. (1) If either party is arbitrablenot satisfied with the Step 3 response, the grievance may be referred taken to arbitration by either partythe University or the Union within thirty (30) days of the Step 3 response. If no written notice of intent to submit the matter for The time within which a party may request arbitration is received within ten of the essence. A party shall request (102) days after The Arbitrator shall have jurisdiction only over disputes arising out of grievances, as defined in paragraph A above and shall not have authority to add to, subtract from, modify or amend in any way the provisions of this Agreement. The decision under Step No. 1 is receivedof the Arbitrator shall be final and binding upon the Union, the grievance University and the graduate employee. The fees and expenses of the American Arbitration Association and the Arbitrator shall be deemed to have been settled or abandonedborne equally by the parties. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought G. The Arbitrator shall have no jurisdiction or authority to issue any award changing, modifying or restricting any action taken by the grievor. Union grievances shall be set out on University with respect to the union grievance form. Alternately, the parties may agree to an electronic version University’s exercise of management or academic rights under Article XXII (Management and Academic Rights) of this form and a process for signingagreement. 8.05 Time H. The time limits fixed provided for in the grievance this Article shall not include Saturdays, Sundays and arbitration procedures University Holidays. All time limits herein may be extended only by writtenmutual agreement. I. Grievances concerning the discharge of a graduate employee, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.and/or grievances

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative union representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to For the purposes of this agreement believe it is important to adjust complaints Article, the term "working days" shall mean Monday through Friday which excludes Saturday, Sunday, and grievances as quickly as possible as provided for hereinholidays. Section 1. The employee or Union shall first discuss any individual complaint informally with grievance and arbitration procedure set forth herein is designed to preserve harmony and friendly relations between the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employeeCity and its employees. Furthermore, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure is to provide a representative just and equitable method for the resolution of grievances without discrimination, coercion, restraint, or reprisal against any employee who may submit or be involved in a grievance. The grievance and arbitration procedure shall not be used to change, but to clarify provisions of the Ontario Nurses' Association may be present at Personnel Code, municipal ordinances, Department rules and regulations, and the request of either partycontract between the Union and the City. 8.03 Should Section 2. A grievance is hereby jointly defined to be any dispute arise between disagreement concerning the Employer and an employee, interpretation or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any application of the specific and expressed provisions of this AgreementAgreement relating to wages, fringe benefits, or working conditions. If any grievance is applicable to more than one employee, a grievance may be initiated by the Union on behalf of the affected group by naming one such aggrieved employee by name and "all other similarly situated employees." Section 3. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact name of the grievant(s), the act or acts of commission or omission, the exact date of the act or acts of commission or omission, the identity of the party or parties who claim to be aggrieved, the identity of the party or parties alleged to have caused the grievance, the specific provisions of this Agreement that are alleged to have been violated, and the remedy which is sought. Section 4. Grievances shall be processed in the following manner: Step 1. Within ten (10) working days of the occurrence of the disagreement giving rise to the grievance, the employee or Union Representative will bring it must submit a written request (which may be accomplished by the employee sending an e-mail via the Department’s e-mail) to the attention of Department Head for a meeting to discuss the immediate supervisor to settle such differences grievance. The Department Head or his designee shall arrange for a meeting with the employee within ten (10) working days from the date of receipt of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days's actual letter requesting a review as described in this step. The Administrator shall give City will not sustain a written decision within ten (10) days of grievance prosecuted by an individual employee who has not requested the meeting Union to pursue the grievance or participate in the grievance, without consulting with the Union, and any remedy granted to said employee will not have precedential value with respect to future disputes involving other employees in the Bargaining Unit President or her designate with unless expressly agreed to by the Union. The employee is entitled to be represented by a copy to Union representative(s) and/or by the Labour Relations OfficerUnion's attorney at this meeting. Step 2. Should If the Administrator fail to render his decision or failing settlement of any grievance is not solved under the foregoing procedure, including any questions as to whether a matter is arbitrableStep 1, the grievance employee may request a hearing before the Personnel Board or the Union in its sole discretion may request that the matter be referred taken to arbitration by either partynotifying the Human Resources Director in writing, within five (5) working days from the date of decision in Step 1. Upon such written notification, the Human Resources Director shall arrange for a hearing before the Personnel Board within thirty (30) working days from the date of request for a hearing before the Personnel Board. If no there is a request to take the grievance to arbitration, the following procedure in the Sections stated below shall be followed, and the Human Resources Director shall arrange, either through the City Attorney’s Office or through the Director’s office, to select an arbitrator with the Union or its representative. Section 5. It is understood and agreed that a written grievance taken to arbitration under this Agreement, in order to be valid under this Agreement, must allege a direct violation of the express purpose of the contractual provision in question. It is also understood and agreed that it is the intent of the parties to this Agreement that a written grievance taken to arbitration shall not be valid if such written grievance challenges action taken by the City in the exercise of inherent management rights, except where such written grievance is based upon a clear, express limitation thereon. Section 6. Upon receipt of a notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is receivedarbitrate a grievance, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance City, through its designated representative, and the remedy sought employee, or his designated representative, shall promptly meet within fifteen (15) working days and attempt to select an arbitrator by mutual agreement. If the grievor. Union grievances shall be set out on the union grievance form. Alternatelyparties are unable to select an arbitrator by this method, the parties may agree will jointly address a letter to an electronic version the Federal Mediation and Conciliation Service (FMCS) requesting a list of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.five (5)

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties Section 1 – Grievance Procedure Effective January 1, 2014, the following grievance and arbitration procedure will be implemented. During the period August 1, 2013 through and including December 31, 2013, the grievance and arbi- tration procedure of the UPS/Teamsters Local 804 Supplement August 1, 2008 through July 31, 2013, will remain in effect. A grievance is hereby jointly defined to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee be any controversy, com- plaint, misunderstanding, difference or Union shall first discuss observance of any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps provi- sions of this grievance procedure Agreement. It is mutually agreed that any difference arising between the Company and the Union or an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 employee of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, Company as to the interpretationmeaning, application, administration or alleged violation of any observance of the provisions of this Agreement, such difference shall be settled in the following manner: (a) The aggrieved employee or Union Representative employees shall first take the griev- ance up with the shop ▇▇▇▇▇▇▇ who in turn will bring it take the grievance up with the supervisor in charge. Employees shall have the shop ▇▇▇▇▇▇▇ present on any grievance. Grievances must be submitted to the attention of the immediate supervisor to settle such differences within ten (10) working days after the occurrence of the occurrencesuch grievance. If further action a satisfactory settlement is not effected with the supervisor within one (1) working day, the employee shall submit such grievance to be takenthe Union’s representative in writing. (b) If no satisfactory adjustment is agreed upon the matter shall, then within ten (10) working days after step 1, be referred in writing by an Officer of the discussion, Union to the employeeDivision Manager of the Company or some other Executive Officer of the Company with the authority to act, who may request shall review the assistance alleged grievance and offer a decision in writing within two (2) working days after receipt of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will same. (c) All grievances which cannot be held adjusted between the parties may be submitted for a binding determination upon written notice of either party to the other within ten (10) daysworking days of the fail- ure to agree under paragraph b. above, to the UPS/Local 804 Panel. The UPS/Local 804 Panel shall establish a minimum of two (2) cal- endar days each month for Panel hearings except in December, on a yearly basis. (d) The UPS/Local 804 Panel shall be composed of two (2) or (3) United Parcel Service representatives and the same number of Local 804 approved representatives. The expense incurred by the UPS/Local 804 Panel shall be split equally by the parties. (e) In order that the UPS/Local 804 Panel may operate effectively and efficiently, the parties agree that an individual will be mutually selected to be an administrator for the Panel. The Administrator shall give not be involved in making the Panel decisions. The Administrator shall docket cases; prepare the docket; email and mail a written decision within ten (10) days copy prior to the scheduled meeting to each member of the meeting Committee; prepare and keep minutes of the hearings; and email and mail copies of the minutes to all involved UPS and Local 804 representatives. (f) A grievance to be heard by the UPS/Local 804 Panel must be put in writing and submitted to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.less than thirteen

Appears in 2 contracts

Sources: Supplemental Agreement, Supplemental Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with L4.1 Within the Director of Care or designate at the first opportunity. 8.02 In all steps terms of this Agreement a grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure is a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as difference relating to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions question as to whether a matter is arbitrable. L4.2 A Teacher or group of Teachers shall, prior to filing a grievance as hereinafter provided, attempt by informal discussion with the appropriate principal, or, if the Teacher does not report to a principal, with the Teacher's immediate supervisor, to resolve any matter which could be the subject of a grievance prior to filing a written grievance hereunder. In this discussion the Teacher or group of Teachers may be accompanied by a representative of the Bargaining Unit. L4.3 Where it could reasonably be expected that an incident would lead to discipline or discharge, the principal or immediate supervisor will inform the Teacher that they may be accompanied by a representative of the Bargaining Unit. L4.4 As part of its investigation the Board will give the Teacher an opportunity to respond to all of the allegations of which the Board is aware. L4.5 A grievance may be filed on behalf of a Teacher or a group of Teachers by the Bargaining Unit at Step One within the next 20 school days following the day the cause of the grievance became known or reasonably ought to have been known to the Teacher. L4.6 A grievance relating to the discharge or discipline of a Teacher may be filed at Step Two with the agreement of the Bargaining Unit. In any other event, such grievance shall be filed at Step One. L4.7 Step One L4.8 The grievance shall state the clause or clauses of this Agreement that it is alleged have been violated. L4.9 The Director or designate shall attempt to resolve the grievance within ten school days of receipt of the grievance and may meet with the grievor(s) and the Bargaining Unit representative at a mutually agreeable time. L4.10 Step Two L4.11 If the grievance is not settled within ten school days of the meeting or after written response has been given if earlier than ten school days or upon expiry of time limits, it may be referred to arbitration by either party. If no written notice within thirty school days in accordance with L4.16. L4.12 The Board or Bargaining Unit may initiate a policy or group grievance beginning at Step Two of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance procedure. The Board or Bargaining Unit shall be deemed initiate such policy or group grievance by giving notice to the other party within 90 school days following the day that the cause for the grievance became known or reasonably ought to have been settled or abandoned. 8.04 A written known to the grieving party. L4.13 The time within which such grievance will indicate may be brought may extend up to 90 days beyond the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version term of this form and a process for signing. 8.05 Time limits fixed in Agreement if the grievance and arbitration procedures may be extended only by written, mutual consent of day the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered cause became known or reasonably ought to have been settled or abandonedknown is within 90 school days preceding the end of the term of this Agreement.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties (a) All grievances involving the interpretation and application of the Agreement other than those pertaining to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee general wage rates, or Union jurisdiction disputes, that may arise on a job covered by the Agreement, shall be handled in the following manner with the understanding that there shall be no suspension of work or strike or lockout. (b) Any such grievance shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied considered by or represented by her Union Representative. At Step 1 representatives of the Local Union and the Employer and if settlement satisfactory to the Employer and Local Union cannot be reached within seven (7) calendar days, it will be reduced to writing and submitted to: (c) The International Representative of the Union and the Employer involved, and if a settlement satisfactory to the Employer and Union cannot be reached within seven (7) calendar days; (d) Then the grievance procedure will be submitted in writing within seven (7) calendar days by the Union or by the Employer or by both to the Arbitration Committee consisting of a representative of the Ontario Nurses' Association may be present at the request Union, a representative of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as a third member to the interpretation, application, administration or alleged violation of any be chosen by those two (2) jointly. The decision of the provisions of this Agreement, the employee or Union Representative will bring it to the attention majority of the immediate supervisor to settle Arbitration Committee shall be final and binding on the parties involved. Such decisions shall not change such differences scope and terms; shall be rendered within ten (10) calendar days from the time of reference to the Arbitration Committee and shall specify whether or not it is retroactive and the effective date thereof. (e) If the two (2) members of the Arbitration Committee fail to select a neutral member within five (5) calendar days the two (2) members already appointed shall within five (5) calendar days, call upon the Federal Mediation and Conciliation Service to make the third selection. In the event either the Employer’s or Union’s representative fails to cooperate in calling upon the Federal Mediation and Conciliation Service within the said five (5) calendar days, the other representative shall have the authority to make such request. (f) The expenses of the third member of the Arbitration Committee shall be borne equally by the Union and the Employer. All other expenses of the arbitration procedure will be borne by the party incurring them. (g) Any grievance must be submitted in writing to the other party within fifteen (15) calendar days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator occurrence or designate. A meeting it will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandonedconsidered closed. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 2 contracts

Sources: Construction Agreement, Construction Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to Any grievance or dispute, which may arise between the parties, including the application, meaning or interpretation of this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union Agreement, shall first discuss any individual complaint informally with be settled in the Director of Care or designate at the first opportunityfollowing manner. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At A. Step 1 of 1: The Employee shall discuss the grievance procedure or dispute with his immediate supervisor no later than five (5) days after the occurrence of such grievance or dispute. Employees shall be entitled to have representation by a representative of the Ontario Nurses' Association may be present Lodge at the request of either partysuch meeting. 8.03 Should any B. Step 2: If the grievance or dispute arise between is not settled as set forth in Step I within the Employer and an employeefive (5) day period, or between the Employer and Employee will then have five (5) days to appeal the Uniondecision of his immediate supervisor, as in writing, to the interpretation, application, administration or alleged violation of any of Director. Said written grievance shall at a minimum specify the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days time and date of the occurrence; the nature of the grievance; the portions of the Collective Bargaining Agreement relied upon and the remedy sought. If further action is to The grievance shall be taken, then submitted on the form attached hereto as Annex A. The Director shall schedule a hearing within ten (10) 21 days of the discussion, the employee, who may request the assistance receipt of her Union Representative and/or Labour Relations Officer, shall submit the written grievance and shall render a decision within seven (7) days after the date of the hearing. C. Step 3: If the grievance or dispute is not resolved in Step 2 above, the Employee may within five (5) days from the date of the Director's decision, further appeal the matter to the Administrator Mayor or designatehis designated representative, who shall have thirty (30) days from receipt of the grievance to resolve same. A meeting will be held between In the parties event that the Mayor or his representative takes no action on the grievance within ten thirty (1030) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance shall be considered denied and the Employee may be referred to arbitration by either party. If no written notice pursue Step 4 of intent to submit the matter for arbitration grievance procedure. D. Step 4: In the event that the grievance is received still unsettled, the Employee may, within ten (10) days after the Mayor or his representative has made a decision or within ten (10) days after the thirty (30) day period set forth in Step 3 has expired with a decision, apply to the Public Employees Relations Commission, pursuant to Rules and Regulations established by the Public Employee Relations Commission under Step No. 1 is receivedprovisions of Chapter 303, the grievance shall be deemed to have been settled or abandonedLaws of 1968. 8.04 A written grievance will indicate E. In the nature event of the grievance and the remedy sought by the grievor. Union arbitration proceedings involving grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in under this Agreement, unless mutually extendedthe representative of the Lodge involved, it if any, shall be considered to have been settled or abandonedallowed time off, with pay, for the purpose of attending such arbitration proceedings. The fees of the arbitrator shall be shared equally by the Employer and Employee. All other costs of the arbitration, such as witness fees, overtime compensation for Employees, etc., shall be the sole responsibility of the subpoenaing party. In the event of an Unfair Labor Practice proceeding involving Employees covered under this Agreement, the fees of witnesses and overtime compensation for Employees shall be the sole responsibility of the subpoenaing party.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representativeunion representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative union representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties Section 1 – Grievance Procedure Effective January 1, 2014, the following grievance and arbitration procedure will be implemented. During the period August 1, 2013 through and including December 31, 2013, the grievance and arbi- tration procedure of the UPS/Teamsters Local 804 Supplement August 1, 2008 through July 31, 2013, will remain in effect. A grievance is hereby jointly defined to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee be any controversy, com- plaint, misunderstanding, difference or Union shall first discuss observance of any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps provi- sions of this grievance procedure Agreement. It is mutually agreed that any difference arising between the Company and the Union or an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 employee of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, Company as to the interpretationmeaning, application, administration or alleged violation of any observance of the provisions of this Agreement, such difference shall be settled in the following manner: (a) The aggrieved employee or Union Representative employees shall first take the griev- ance up with the shop ▇▇▇▇▇▇▇ who in turn will bring it take the grievance up with the supervisor in charge. Employees shall have the shop ▇▇▇▇▇▇▇ present on any grievance. Grievances must be submitted to the attention of the immediate supervisor to settle such differences within ten (10) working days after the occurrence of the occurrencesuch grievance. If further action a satisfactory settlement is not effected with the supervisor within one (1) working day, the employee shall submit such grievance to be takenthe Union’s representative in writing. (b) If no satisfactory adjustment is agreed upon the matter shall, then within ten (10) working days after step 1, be referred in writing by an Officer of the discussion, Union to the employeeDivision Manager of the Company or some other Executive Officer of the Company with the authority to act, who may request shall review the assistance alleged grievance and offer a decision in writing within two (2) working days after receipt of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will same. (c) All grievances which cannot be held adjusted between the parties may be submitted for a binding determination upon written notice of either party to the other within ten (10) daysworking days of the fail- ▇▇▇ to agree under paragraph b. above, to the UPS/Local 804 Panel. The UPS/Local 804 Panel shall establish a minimum of two (2) cal- endar days each month for Panel hearings except in December, on a yearly basis. (d) The UPS/Local 804 Panel shall be composed of two (2) or (3) United Parcel Service representatives and the same number of Local 804 approved representatives. The expense incurred by the UPS/Local 804 Panel shall be split equally by the parties. (e) In order that the UPS/Local 804 Panel may operate effectively and efficiently, the parties agree that an individual will be mutually selected to be an administrator for the Panel. The Administrator shall give not be involved in making the Panel decisions. The Administrator shall docket cases; prepare the docket; email and mail a written decision within ten (10) days copy prior to the scheduled meeting to each member of the meeting Committee; prepare and keep minutes of the hearings; and email and mail copies of the minutes to all involved UPS and Local 804 representatives. (f) A grievance to be heard by the UPS/Local 804 Panel must be put in writing and submitted to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.less than thirteen

Appears in 2 contracts

Sources: Supplemental Agreement, Supplemental Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The a) Grievance means any difference between the parties bound by the Agreement concerning its interpretation, application or alleged violation thereof. b) Employees shall have the right to this agreement believe it is important Union representation in any grievance or disciplinary meeting. Representative of the Union shall include any elected officer of the Union or shop ▇▇▇▇▇▇▇ recognized by the Union. c) Efforts to adjust complaints and grievances as quickly as possible as provided for hereinresolve grievances, up to but not including arbitration, shall be made on Employer time. The grievor(s) may be present for any formal meeting throughout the grievance and arbitration procedure. d) The following grievance procedure shall be observed: Step 1 An employee, accompanied by a Union representative, if desired, shall within fourteen (14) days of when the circumstances giving rise to the grievance were known or should reasonably have been known to the grievor, raise the matter orally with the employee's immediate supervisor. The supervisor shall reply to the grievance within seven days. Step 2 If the employee or is not satisfied with the outcome of the discussions described in Step 1 above he/she may proceed to the second step of the grievance procedure. In such cases, the employee, accompanied by a Union shall first discuss any individual complaint informally with representative, will, within fourteen (14) days of the reply at Step 1, present the grievance in writing to the Director of Care Advertising. The grievance shall be answered in writing within seven (7) days of receipt of the grievance. Step 3 If the two parties are unable to agree at Step 2, then within seven (7) days of receipt of an answer at Step 2, the employee and the Union shall take up the grievance in writing with the Publisher (or designate his/her representative). The answer at this Step must be given in writing within seven (7) days. Step 4 If the two parties are unable to agree at the first opportunitythird step, then, the party raising the grievance may refer the matter, including any dispute as to whether the matter is arbitrable, to arbitration within twenty-one (21) days of the reply in Step 3. 8.02 e) In all steps general, it is intended that grievances which are not resolved by Step 3 shall be submitted to a single arbitrator; however, either party may elect to submit a grievance to an Arbitration Board of this grievance procedure three members, in which case the other party shall comply. The referral to arbitration shall include a list of names for a single arbitrator or the name of a nominee to the arbitration board of the party requesting arbitration. The recipient of the referral shall, within five days, notify the other party in writing of its acceptance of one of the proposed arbitrators, or submit its own list of single arbitrators, or in the case of establishing an aggrieved employeearbitration board, if she so desires submit its nominee to the arbitration board. f) The parties shall endeavor within five days to agree upon a single arbitrator, or in the case of an arbitration board, the nominees shall endeavor to agree on a chairperson for the arbitration board, and where a single arbitrator or a chairperson cannot be agreed to or where either side fails to appoint a nominee to an arbitration board, the Minister of Labour of Ontario may be accompanied asked to make the appointment. g) The Board of Arbitration or single arbitrator shall convene a hearing as soon as possible to hear and determine the matter. The arbitrator or Board shall issue a decision and the decision shall be final and binding upon the parties and upon any employee and Employer affected by or represented by her Union Representativeit. At Step 1 In the case of an Arbitration Board, the decision of the grievance procedure a representative majority is the decision of the Ontario Nurses' Association may be present at Board but if there is no majority decision, the request decision of either partythe Chair shall govern. 8.03 Should any dispute arise between h) Each party shall pay the fees and expenses of its appointee to an Arbitration Board and the Employer and an employee, the Union shall each pay one-half of the fees and expenses of the Chair or the single arbitrator. i) By mutual agreement between the Employer and the Union, as to and in the interpretationcase of an Employer or a Union grievance, application, administration or alleged violation in the case of any a grievance involving the suspension or discharge of the provisions of this Agreementan employee, the employee or Union Representative will bring it to processing of a grievance may begin at the attention of the immediate supervisor to settle such differences within ten (10third stage. j) days of the occurrenceIt is intended that grievances shall be processed as quickly as possible. If further action is to be taken, then within ten (10) days of the discussion, grieving party does not appeal the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between next successive stage within the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is receivedspecified appeal time limit, the grievance shall be deemed to have been settled or abandonedbe abandoned and shall not thereafter be reinstated. If the responding party does not answer the grievance within the specified answer time limit for each stage, then the grievance shall automatically proceed to the next higher stage. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 k) Time limits fixed in the grievance and arbitration procedures this article may be extended only by writtenmutual agreement. In all cases, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoneddays means calendar days.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties Section 1. A grievance shall be any matter involving interpretation or application of this Contract and shall be subject to this agreement believe it the following procedure: Step 1. A grievance shall be first raised orally by the employee with or without a Union representative, to the immediate supervisor, within seven (7) calendar days of when the employee knew or should have known of the event giving rise to the grievance, whichever period is important to adjust complaints and grievances as quickly as possible as provided for hereinshorter. The answer will be given in seven (7) calendar days. Step 2. Any grievance unresolved in Step 1 shall be reduced to writing, on forms provided by the University, signed by the employee or his/her Union representative, and submitted to the employee's appropriate department head or his/her designee within seven (7) calendar days following the supervisor's answer. Within seven (7) calendar days after timely receipt of the written grievance, the appropriate department head or his/her designee shall give a written answer to the employee and the Union. Step 3. If the grievance is not resolved in Step 2, the Union shall first discuss any individual complaint informally with notify the Director of Care or designate Human Resources within seven (7) calendar days following a receipt of the Supervisor's written answer. The Union and the Director of Human Resources shall meet at a time mutually convenient, for the first opportunitypurpose of resolving the dispute. This meeting shall be held within fourteen (14) calendar days following receipt of the written appeal. The University shall give a written answer within fourteen (14) calendar days after the Step 3 meeting. 8.02 In all steps Step 4. By mutual agreement only, the parties may request the Federal or State Mediation Service to assist in resolving a grievance. Neither party will use the mediation record or recommendations in arbitration. Step 5. If no satisfactory settlement is made in Step 3 or Step 4 (if utilized by the parties), and if the grievance concerns an alleged University violation of an express provision of this grievance procedure an aggrieved employeeAgreement, then the Union has thirty (30) calendar days after the Step 3 meeting to submit the matter in writing (copy to the University) to a mutually agreed on arbitrator, or, if she so desires may be accompanied by or represented by her Union Representativenone to the American Arbitration Association in accordance with its voluntary arbitration rules. At Step 1 The decision of the grievance procedure a representative of the Ontario Nurses' Association may arbitrator shall be present at the request of either final and binding on each party. Such arbitration shall be held, if possible, during normal work hours. 8.03 Should any dispute arise between the Employer and an employeeSection 2. The arbitrator shall have no power to add to, subtract from or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of change any of the provisions of this the Agreement nor shall he have the power to imply any obligation not expressly set forth in the Agreement. No award shall be effective retroactively beyond the date the grievance was first raised orally with the immediate supervisor. Upon a determination that just cause to discipline an employee existed, the employee or Union Representative will bring it arbitrator shall have no authority to alter a disciplinary penalty imposed by the attention University. Section 3. The fees and expenses of the immediate supervisor to settle such differences within ten (10) days of arbitrator shall be shared equally by the occurrenceUniversity and the Union. Section 4. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held Any settlement between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of University and the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of Union at any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature stage of the grievance procedure shall be binding on the University, the Union, and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signingaggrieved employee or employees. 8.05 Time limits fixed in Section 5. Unless the grievance is raised, served in writing, referred, appealed, and submitted to arbitration procedures within the time limits at each stage herein set forth and which may be extended only by written, mutual the written consent of both the parties. Should University and the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extendedUnion, it shall be considered deemed that the parties have waived the right to have been settled or abandonedarbitration and the matter shall be deemed closed. Section 6. The University will pay up to two (2) members for lost time, during regular working hours, for attending negotiations and Step 3 grievance meetings. The University will also pay up to two (2) Union members for lost time, during regular working hours for attending arbitration hearings.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 Section A. The U nion shall have the right to designate a job ▇▇▇▇▇▇▇ for each store. List showing the names and store address of all stewards is to be submitted to the Employer. Section B. Should any grievance, dispute or complaint arise over the interpretation or application of the contents of this Agree­ ment, there shall be an ▇▇▇▇▇▇▇ effort on the part of both parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for hereinsettle such promptly through the following steps: Step 1. The employee or Union shall first discuss any individual complaint informally with By conference between the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved ag­ grieved employee, if she so desires may be accompanied by the job ▇▇▇▇▇▇▇, or represented by her Union Representative. At Step 1 of the grievance procedure both and/or a representative of the Ontario Nurses' Association may Union and the manager of the store. If the grievance is not settled, it shall be present at the request of either partyre­ ferred within eight (8) days to Step 2. 8.03 Should any dispute arise between Step 2. By conference betw een the Employer representative of the Union and the Zone Manager. If this step does not settle the grievance, it shall be referred within eight (8) days to Step 3. Any grievance not settled in Step 2 shall be immediately reduced to writing with copies to the Un­ ion and Employer. Step 3. By conference betw een the business representative and/or an employee, or between the Employer and Execu­ tive Officer of the Union, as to the interpretationPersonnel Manager, application, administration or alleged violation of any the Division Vice-President and/or a representative of the provisions of this AgreementEmployer so delegated by the Division Vice-Presi­ dent. Step 4. In the event that the last step fails to settle satisfactorily the grievance and either party wishes to submit it to arbitration, the employee or Union Representative will bring it to party desiring arbitration must so advise the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received other party in writing within ten (10) days after the decision under Step No. 1 is received, 3 conference or the grievance will be con­ sidered settled in Step 3. Section C. The Board of Arbitration shall consist of one (1) person appointed by the Union and one (1) person appointed by the Employer. Said two (2) persons shall with­ in ten (10) days after disagreement, re­ quest the Director of the Federal Mediation and Conciliation Service to furnish a panel of fifteen (15) arbitrators from which the third (3rd) arbitrator shall be deemed to have been settled or abandonedchosen by the alternate striking of names until only one (1) name remains. The Employer and Union arbitrators shall decide who will strike first by flipping a coin. The decision of the majority shall be binding on both parties. The expenses of the third (3rd) arbitrator shall be paid for jointly. 8.04 A Section I) The Employer may at any time discharge any worker for prop er cause. The Employer shall notify the Union of an employee’s discharge within five (5) calendar days after the discharge. The Union, if it wishes to contest the discharge, shall file a written grievance will indicate complaint with the nature Em­ ployer within ten (10) calendar days fol­ lowing the postmarking of the grievance notice of discharge, asserting that the discharge was improper. Such complaint must be taken up promptly and if the Employer and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may fail to agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(sten (10) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extendedcalendar days, it shall be considered referred within seven (7) calendar days to the Board of Arbitration if the Union desires to arbitrate the dis­ charge. Should the Board determine that it was an unfair discharge, the Employer will reinstate the employee in accordance with the findings of the Board. Section E. No grievance will be discussed unless the outlined procedure has been fol­ lowed and the grievance presented within fourteen (14) days, except a grievance arising from an error in the rate of pay may be presented within two (2) years. Section F. The Board of Arbitration is not vested with the power to change, modi­ fy or alter this Agreement, but only to interpret the provisions of this Agreement. Section G. After a grievance has been processed through Steps 1, 2 and 3 of Ar­ ticle 5 (B), the Chief Executive Officer of the Local Union shall have been settled the sole right to determine whether or abandonednot the employee’s grievance shall be submitted to arbitration by the Union. Section H. Any accredited Union official of Local No. 1099 shall be granted access to the store at any time that the store is open for business, for the purpose of satisfying himself that the terms of this Agreement are being complied with. It is understood, however, that the Union representative will upon entering the store, make his presence known to the Store Manager or his repre­ sentative. It is further understood that there will be no unreasonable interference with efficient store operation. Section I. The parties agree that griev­ ances may arise of a general nature affect­ ing or tending to affect several employees, and that such grievances may be initiated at any of the above steps deemed appropri­ ate by the parties.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties A. A grievance shall be defined as any dispute or controversy related to wages, hours, or working conditions, or the interpretation or application of this agreement believe it is important MOU, as applied to adjust complaints a member of the bargaining unit or the bargaining unit as a whole (hereinafter "grievant") which arises between the Agency and grievances as quickly as possible as provided for hereinthe Union. The employee procedures set forth herein shall be the exclusive means of handling and resolving any grievance arising hereunder. B. First Step. Any grievance arising under this article shall be discussed in a meeting between the department head or other supervisory staff authorized by the department head, the Union ▇▇▇▇▇▇▇ and the grievant within three (3) working days of the request for such a meeting. Such request shall first discuss any individual complaint informally with be made within five (5) working days of the Director occurrence of Care the incident giving rise to the grievance, or the discovery thereof. In the absence of the department head, the administrator shall designate another management employee, other than the administrator, to attend in the place of the department head. It shall be the policy of the Union and the Agency to resolve all grievances at the first opportunitystep wherever and whenever possible. 8.02 In all steps of this C. Second Step. 1. If the grievance procedure an aggrieved employeeis not resolved at the first step, if she so desires the grievant may be accompanied by or represented by her Union Representative. At Step 1 elect to take the matter to the second step of the grievance procedure procedure. In order to take the grievance to the second step, the grievant must set forth in writing a representative detailed statement of the Ontario Nurses' Association may be present at facts and issues raised in the grievance. The second step request must also contain a statement of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer specific acts of management and the Union, as to the interpretation, application, administration or alleged violation of any specific provisions of the provisions Memorandum of this Agreement, Understanding of which the employee or Union Representative will bring it to grievant contends management is in violation. All second step grievances must be filed with the attention of the immediate supervisor to settle such differences Administrator within ten (10) working days of the occurrencedate of the department head's response to the first step grievance, or they shall be determined as untimely. 2. The Administrator, the Union ▇▇▇▇▇▇▇, and the grievant shall meet within five (5) working days after the administrator has received the written grievance. The issues discussed at the second step meeting shall be limited to those set forth in the written grievance. 3. If further action the grievance is to be takennot satisfactorily resolved at the meeting, then the administrator shall issue a written response within ten (10) working days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between Union setting forth the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter specific reasons for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoneddenial. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 2 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure 10.1 Should a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute difference arise between the Employer and an employee, the Union or between the Employer and the Union, employees as to the interpretation, application, administration or alleged violation of any meaning and application of the provisions of this Agreement, the employee or Union Representative will bring it as to the attention compliance of the immediate supervisor either party with any of its obligations under this Agreement, an ▇▇▇▇▇▇▇ effort shall be made to settle such differences within ten (10) days under the following procedure by negotiations: A. Between the employee affected and his/her department head, or between the employee affected, the ▇▇▇▇▇▇▇ and the department head. B. By the ▇▇▇▇▇▇▇ and a representative of the occurrence. If further action is to be taken, then within ten (10) days Union and an executive of the discussionEmployer, the employeeat which time either party may call in an outside representative. C. Any dispute, who may request the assistance of her Union Representative and/or Labour Relations Officerdifference, shall submit the written or grievance relative to the Administrator interpretation of, or designate. A meeting will be held between adherence to the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days terms of the meeting to Agreement which has not been concluded through the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received above procedure within ten (10) days after reduction in writing in the decision under Step No. 1 is receivedmanner hereinabove provided, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate matter three (3) members, one designated by the nature of Employer, one designated by the grievance Union, and the remedy sought third to be mutually agreed upon by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent representatives of the parties. Should the representatives of the Union and the Employer not respond fail to agree upon a third party within three (3) additional days, the time limit(sthird person shall be appointed as follows: the party initiating the arbitration procedure shall request a panel of five (5) fixednames from the Federal Mediation and Conciliation Service. The neutral arbitrator shall be selected from the list submitted unless the parties mutually agree otherwise. The selection shall be made by alternately striking four (4) names, the party to make the first strike being determined by drawing lots. The remaining name shall be the neutral arbitrator. 10.2 The entire matter in controversy as aforesaid shall be referred to this arbitration board for disposition and whatever disposition is made shall be binding upon the Union, employee, and the Employer. However, such failure board shall not have the power to respond add to or modify any of the terms or conditions of this Agreement 10.3 The decision of the majority of the Board of Arbitration shall constitute the decision of the Board of Arbitration and be final Should any expense be involved for the service of the above-mentioned third member of the Board of Arbitration, such expense shall be deemed to be a denial borne equally by the Employer and the Union. 10.4 At any step in this grievance procedure the Executive Committee of the grievance. Should a grievance not be submitted within Local Union shall have the various time limits specified final authority, in respect to any aggrieved employee covered by this Agreement, unless mutually extendedto decline to process a grievance, it shall complaint, difficulty or dispute further if in the judgment of the Executive Committee such grievance or dispute lacks merit or lacks justification under the terms of this Agreement, or has been adjusted or justified under the terms of this Agreement to the satisfaction of the Union Executive Committee. 10.5 All grievances must be considered submitted in writing within thirty (30) calendar days of their occurrence to have been settled receive consideration or abandonedthey are barred.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Union Contract

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The 19.1: In a mutual effort to provide a harmonious working relationship between the parties to this agreement believe Agreement, it is important to adjust complaints further agreed and understood by the parties that there shall be a procedure for the resolution of grievances between the parties and the procedures outlined in this Article shall be the exclusive procedures used for processing both grievances involving the application or interpretation of the Agreement (i.e., non- disciplinary matters) and grievances as quickly as possible as provided for hereininvolving loss of pay (termination, demotion, or suspension) taken against a member of the Bargaining Unit that is covered by this Agreement. The employee parties agree and understand that discipline that does not result in a loss of pay (i.e., verbal and written reprimands) may not be grieved under this Article and that, although suspensions of five (5) or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunityfewer shifts may be grieved to Step 3, they may not be taken to arbitration. 8.02 In all 19.2: Every effort will be made by the parties to settle any grievance as expeditiously as possible. Should either party fail to observe the time limits as set out in the steps of this Article, the grievance procedure an aggrieved employeewill automatically be processed to the next step of the procedure. However, if she so desires time limits may be accompanied modified by mutual written agreement between the parties. 19.3: All reference to “days” stated in this Article shall mean calendar days. 19.4: Grievances concerning the application or represented interpretation of this Agreement shall be processed in the following manner and every effort shall be made by her Union Representative. At the parties to secure the prompt disposition of such grievances. Step 1 1: The member shall first take up a grievance with the immediate supervisor within ten (10) days after the employee has knowledge or should have had knowledge of the event(s) that gave rise to the grievance. Such meeting between the member and the immediate supervisor shall be on an informal and oral basis. Step 2: Any grievance procedure which cannot be satisfactorily settled with the immediate supervisor shall be reduced to writing and signed by the member or a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer PBA and an employee, or between the Employer and the Union, as submitted to the interpretation, application, administration Chief of Police or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences designee within ten (10) days of the occurrenceStep 1 meeting. If further action is to The grievance shall be takendiscussed in a meeting by and between the member, then a representative of the PBA and the Chief of Police within ten five (105) days of from submitting the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) daysin writing. The Administrator Chief of Police shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after this meeting, render the decision under in writing, with a copy to the PBA. Step No3: In the event the member is not satisfied with the disposition of the grievance in Step 2, the member or the PBA shall have the right to appeal the Chief of Police’s decision to the City Manager or designee within ten (10) days from the date of receipt of the Chief of Police’s written decision. 1 Such appeal must be accompanied by the filing of a copy of the original written grievance together with a letter signed by the member and a representative of the PBA, requesting that the Chief of Police’s decision be modified or reversed. The City Manager or designee shall, within ten (10) days from the filing of such appeal, render a decision in writing to the employee with a copy of the decision to the representative of the PBA. 19.5: Where a grievance is receivedgeneral in nature, in that it applies to a number of members rather than a single member, such grievance shall be presented by the PBA in writing directly to the Chief of Police, within the time limits provided for the submission of a grievance in Step 1. Thereafter, the grievance shall be deemed to have been settled or abandonedprocessed in accordance with the procedures set forth in Step 3. 8.04 A written 19.6: This grievance will indicate procedure shall be the nature sole and exclusive method of resolving any dispute concerning non-disciplinary matters regarding the interpretation or application of any provision of this Agreement or any disciplinary matter involving termination, suspension or demotion taken against any member covered by this Agreement. A. In the event the grievance procedure is utilized to pursue a grievance over a grievable disciplinary matter (i.e., termination, suspension or demotion), the grievance shall be filed directly with the City Manager at Step 3 of the grievance procedure, within the same time limits as for the initial filing of a grievance at Step 1, and the remedy sought arbitration procedure set forth below shall also apply for termination, demotion, or suspension without pay for five (5) or more workshifts. B. In the event the grievance procedure is utilized to pursue a grievance regarding any non-disciplinary matter (i.e., an interpretation or application of any provision of this Agreement), the PBA shall have the exclusive right to take such grievances to arbitration, and the City shall not be obligated to proceed to arbitration on any non-disciplinary matters for which the employee is not represented by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signingPBA. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee Any grievance or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires dispute which may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between parties concerning the Employer and the Union, as to the interpretation, application, administration meaning or alleged violation of any of the provisions interpretation of this Agreement, shall be settled in the following manner: STEP I. The affected employee shall take up the grievance or dispute with the employee's supervisor within seventy-two (72) hours of its occurrence, excluding Saturday and Sunday. The supervisor shall then attempt to adjust the matter within three (3) working days. STEP II. If the grievance has not been settled between the affected employee and the supervisor, it may be presented in writing by the Union Representative will bring it to the attention Department Head within seventy-two (72) hours, excluding Saturday and Sunday, after the response specified in Step I is due. The written notice shall include details of the immediate supervisor grievance, the section of this Agreement allegedly violated and the specific remedy requested. The appropriate Department Head shall respond to settle such differences the Union representative in writing within five (5) working days after receipt thereof. STEP III. If the grievance still remains unadjusted, it may be presented by the Union to the City Administrator of the City or his/her designee(s), within seven (7) days after the response specified in Step II is due. The City Administrator or his/her designee(s), shall respond in writing to the Union within five (5) working days. STEP IV. If the grievance is still unsettled, either party may, within ten (10) days of the occurrencedecision of the City Administrator or his/her designee(s) under Step III have the right to have the matter arbitrated by a third party jointly agreed upon by the City and the Union. If further action is the parties are unable to agree upon an arbitrator, the American Arbitration Association or other mutually agreed organization shall be requested to submit a list of five names. Both the City and the Union shall have the right to strike two names from the list. The party requesting arbitration shall strike the first name and the other party shall then strike one and the process shall be repeated and the remaining person shall be the arbitrator. The City and the Union shall meet in a pre- hearing conference and shall prepare a submission agreement regarding the specific issues in dispute. The designated arbitrator shall hear both parties as soon as possible on the disputed matter and shall render a decision within thirty (30) days which shall be final and binding on the parties and the employee. The arbitrator shall have no right to amend, modify, nullify, ignore or add provisions to the Agreement, but shall be limited to consideration of the particular issue(s) presented to him/her. His/her decision shall be based solely upon his/her interpretation of the meaning and application of the express language of the Agreement. Expenses for the arbitrator shall be borne equally by the City and the Union; however, each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim recording of the proceedings, it may cause such a record to be takenmade, then within ten (10) days provided it pays for the record. If the other party desires a copy, both parties shall jointly share the cost of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designatetranscript and all copies. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of If any grievance under is not presented or forwarded by the foregoing procedureemployee or Union within the time limits specified above, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the such grievance shall be deemed to have been settled or abandoned. 8.04 A written waived. If any grievance will indicate the nature of the grievance and the remedy sought is not answered by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond City within the time limit(s) fixedlimits specified above, such failure to respond grievance shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandonedgranted.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties Section 1 In a mutual effort to provide a harmonious working relationship between the Parties to this agreement believe Agreement, it is important to adjust complaints and agreed that there is a procedure for the resolution of grievances between the Parties arising from any alleged violation of a specific term of this Agreement. Section 2 For the purpose of this Agreement, a grievance is defined as quickly as possible as provided for herein. The a dispute, claim or complaint that any employee or the Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, have as to the interpretation, application, administration or and/or alleged violation of any some express provision(s) of this Agreement which is subject to the Grievance Procedure. A. Every effort will be made by the Parties to settle all grievances as soon as possible. The time limits set forth shall be strictly complied with and can only be extended by mutual agreement of the provisions Parties in writing. Any grievance shall be considered settled at the last level considered if the grievant fails to timely process the grievance to the next level. B. The commencing of legal proceedings against the Sheriff in a court of law or equity, or before the Public Employee Relations Commission, for misapplication or misinterpretation of the terms of this Agreement, shall be deemed an election of remedy and shall be a waiver by the Party commencing the proceeding of its/their right to resort to the grievance and arbitration procedure contained in this Article and any grievance that has already been filed over the same subject will be dismissed. Except as otherwise specifically provided, the Grievance and Arbitration Procedure is the sole remedy for any alleged violations of this Agreement. It is the intent of both parties that the same relief not be heard under both the Arbitration Procedure and before PERC or a court or any administrative agency or body. Section 4 All grievances must be in writing and must contain the following information: A. Article(s) and Section(s) of the Agreement alleged to have been violated; B. A general statement of the grievance, including facts, dates and times of events and the remedy or adjustment desired; C. Signature of aggrieved employee or the Union Representative will bring it representative and date signed. Grievances shall be processed in accordance with the following procedures: STEP 1: The grievant or PBA shall present in writing his/her grievance to the attention employee’s immediate supervisor within fourteen (14) calendar days of the immediate occurrence of the action giving rise to the grievance. Discussions will be informal for the purpose of settling differences in the simplest and most effective manner. The supervisor shall reach a decision and communicate in writing to the grievant within fourteen (14) calendar days from the date the grievance was presented to him/her. Failure of the supervisor to settle such differences timely respond shall be considered a denial of the grievance and shall entitle the grievant to appeal to Step 2. STEP 2: If the grievance is not settled at the first step, the grievant or PBA within ten fourteen (1014) calendars days of the answer in Step 1, or if no answer was received under Step 1, within fourteen (14) days of the occurrencedate the answer was due, may appeal the grievance to the appropriate Captain. The Captain or designee may investigate the alleged grievance and may, within fourteen (14) calendar days of receipt of the written grievance, conduct a meeting between the Captain, other Sheriff’s representatives as necessary, the grievant and/or the grievant’s Union representative. The Captain shall notify the aggrieved employee of a decision no later than fourteen STEP 3: If further action the grievance is to be takennot settled in Step 2, then the grievant or PBA within ten fourteen (1014) calendar days of the discussionanswer in Step 2, the employeeor if no answer was received under Step 2, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten fourteen (1014) days. The Administrator shall give a written decision within ten (10) calendar days of the meeting date the answer was due, may appeal the Step 2 answer to the Bargaining Unit President Sheriff. The Sheriff or her designate with designee, may investigate the grievance as appropriate and may, within fourteen (14) calendar days of receipt of the written grievance, conduct a copy to hearing or meeting between the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedureSheriff, including any questions other MCSO representatives as to whether a matter is arbitrableneeded, the grievance may be referred to arbitration by either partygrievant and/or the grievant’s Union representative. If no written notice The Sheriff shall notify the grievant in writing of intent to submit a decision not later than fourteen (14) calendar days following the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, submission of the grievance at Step 3. Failure of the Sheriff to timely respond shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature considered a denial of the grievance and shall entitle the remedy sought grievant to appeal to Step 4. STEP 4: If a grievance has not been satisfactorily resolved within the grievance procedures, the PBA may, within fourteen (14) calendar days after the response is received at Step 3 of the Grievance Procedure, request a panel of seven arbitrators from the Federal Mediation and Conciliation Service (“FMCS”). A copy of the written request will be provided to the Sheriff who will be referred to as the MCSO representative on the request form. Section 6 Upon receipt of the list, each Party shall alternate striking arbitrators, beginning with the Party who requested the arbitration panel. The last remaining arbitrator shall hear and rule upon the grievance. The parties can mutually agree to change to the American Arbitration Association during the term of the contract. Either party may strike an entire panel. The following general rules are applicable to this Article: A. The PBA may abandon or settle a grievance. Grievances settled under this Article shall be non-precedent setting and cannot be offered as evidence or precedent in any subsequent arbitration case unless the Union and the Sheriff mutually agree in writing that the grievance is precedent setting. B. No grievance can be amended or supplemented after the initial management response at Step 1 without the written consent of the Sheriff. C. The arbitrator shall not have the power to add to, subtract from, modify, or alter the terms of this Agreement. D. The arbitrator shall have no power to establish wages, rates of pay for new jobs, or to change any wage, unless the arbitrator is specifically empowered to do so by both parties. E. The arbitrator shall have only the power to rule on grievances arising under this Agreement, as defined under Sections 2 and 4 above. F. The arbitrator shall determine each dispute in accordance with the terms of this Agreement and in accord with a Submission Agreement, if one can be agreed to. If there is no Submission Agreement, then the arbitrator will rely on the grievances as written under Step 1 of this Agreement. G. Unless the parties agree in writing to the contrary, only one grievance may be submitted to an arbitrator at any one hearing; however, it is agreed that grievances effecting two (2) or more members, arising out of the same facts, may be filed by the grievorPBA as a group grievance. H. Upon request, the arbitrator shall rule on arbitrability before issuing a decision on the merits. Union grievances If a lawsuit is filed over arbitrability, the arbitration shall not commence until the suit has terminated in the trial court. Section 8 The arbitrator’s decision shall be set out final and binding on the union grievance formUnion and on all bargaining unit employees and on the Sheriff, provided that the arbitrator’s decision is not outside or beyond the scope of the arbitrator’s jurisdiction and authority as set forth in this Agreement. Section 9 Each Party shall bear the expense of its own witnesses and its own representatives, except on duty employees may be on call to appear. AlternatelyThe arbitrator’s ▇▇▇▇ shall be equally shared by the parties. Expenses of obtaining a hearing room, if any, shall be equally divided between the parties. Section 10 The parties may agree in writing that with respect to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and any arbitration procedures may that there will be extended only by written, mutual consent no transcript of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandonedproceeding and/or no post arbitration briefs.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for hereinAny grievance or dispute which may arise between the parties, including the application, meaning or interpretation of the Agreement, shall be settled in the following manner: Step 1. The employee or Union shall first discuss any individual complaint informally ▇▇▇▇▇▇▇, with the Director consent of Care the Employee(s), shall take up the grievance or designate at dispute with the first opportunity. 8.02 In all steps Employee’s immediate supervisor and Department Head within thirty (30) calendar days of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 the date of the grievance procedure a representative or the Employee’s knowledge of its occurrence. Upon receipt of the Ontario Nurses' Association may be present at grievance, the request of either party. 8.03 Should any dispute arise between Supervisor and Department Head shall attempt to adjust the Employer matter and an employeeshall respond, or between the Employer and the Unionin writing, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences ▇▇▇▇▇▇▇ within ten (10) days of the occurrenceworking days. Step 2. If further action is the grievance still remains unadjusted, it shall be presented by the Union ▇▇▇▇▇▇▇, Union representative or grievance committee to be taken, then the City Administrator either orally or in writing within ten (10) working days after the response of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the department head is due. The City Administrator or designate. A meeting will be held between his/her designee shall meet with the parties Union ▇▇▇▇▇▇▇ or grievance committee, with or without the aggrieved Employee within ten (10) days. The Administrator working days after receipt of the appeal from Step 2, and shall make every reasonable effort to settle the grievance and give a written decision the Union his/her answer in writing within ten (10) working days of after said meeting. Step 3. If the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrablestill remains unsettled, the grievance Union may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten thirty (1030) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature reply of the grievance and City Administrator is received or the remedy sought date on which it is due, by written notice to the grievorCity Administrator make known its intent to continue to arbitration. Union grievances The parties shall be set out on the union grievance formselect a mutually agreeable arbitrator. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within At the time limit(s) fixed, such failure the Union notifies the City Administrator of its intent to respond shall be deemed proceed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extendedarbitration, it shall suggest the names of arbitrator(s). Within five (5) days receipt of such request, the City Administrator shall agree to the name(s) suggested, reject all the names or suggest alternate name(s). Failure of either party to respond to the other or to request a time extension shall mean any and /or all the names suggested by the opposite party are acceptable. If no agreement is reached on the arbitrator, the Union may request the Maine State Board of Arbitration to hear the case. The decision of the arbitrator shall be considered to have been settled or abandonedfinal and binding on both parties. All fees and expenses of the arbitrator shall be divided equally between the parties except each party shall bear the costs of preparing and presenting its own case.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 14.01 The parties to this agreement believe it is important to adjust Agreement recognize the desirability for the prompt resolution of complaints through the grievance process. 14.02 Any complaint, disagreement or difference of opinion between the Employer, the Union or the employees covered by this Agreement shall be considered a grievance and grievances shall be dealt with as quickly as possible as provided for hereinfollows: Step 1 An employee who has a grievance shall take his/her grievance up with his/her immediate out-of-scope supervisor within thirty (30) days of first becoming aware of the incident. A Shop ▇▇▇▇▇▇▇ must be present if the employee so wishes. The supervisor shall render a decision within three (3) working days. Step 2 If a satisfactory settlement is not reached in (a) above, then the Union will submit the grievance and its contention, on the issue, including the remedy sought, to the Executive Director, who will render a decision within ten (10) working days. Step 3 Failing resolution in Step 1 or 2 above, the Union or the Employer may advance the grievance to Grievance Mediation provided by the Government of Saskatchewan within seven (7) days of a decision from the Executive Director (Step 2), excluding Saturday, Sunday and paid holidays. Both parties to this Agreement agree to meet with the assigned Conciliation officer to resolve the grievance. (a) If a satisfactory settlement is not reached in Step 2 above, then the matter shall be submitted to Arbitration within sixty (60) working days. The Union will appoint a member for the Board within seven (7) days and shall notify the other party in writing of its appointment. The Employer shall within seven (7) days thereafter appoint a member for the Board and notify the Union of its appointment. (b) The two nominees to the Board shall appoint a third person to act as chairperson. If the nominees cannot agree on a chairperson then they shall ask the Minister of Labour to appoint a chairperson. (c) When the Board of Arbitration has been formed in accordance with this Article, it shall meet and hear the evidence of both sides as soon as practicable and render a decision within thirty (30) days after it has completed its hearing. 14.04 Notwithstanding the above, if an authorized representative of the Saskatchewan Joint Board, Retail, Wholesale and Department Store Union claims a violation of this Agreement, he/she may invoke the grievance procedure at Step 2 as the grieving party on behalf of the Union or on behalf of any employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunityemployees concerned. 8.02 In all steps 14.05 A representative of this grievance procedure an aggrieved employeethe Saskatchewan Joint Board, if she so desires Retail, Wholesale and Department Store Union may at any time be accompanied by or represented by her Union Representative. At Step 1 present at any stage of the grievance procedure or at any meeting or discussion of complaints, disputes or collective bargaining negotiations. 14.06 It is agreed by the parties that Management may file a representative grievance by submitting in writing to the Union Representative the issue in contention and the remedy sought. If a satisfactory response is not received within ten (10) working days, they may then proceed to Arbitration as in Article 14.03. 14.07 If a response is not received on time or a meeting is not convened on time at any stage of the Ontario Nurses' Association grievance procedure, the Union or Management may proceed to the next step of the grievance procedure. 14.08 The Arbitration Board shall have the power to receive and accept evidence and information, on oath, affidavit or otherwise, as in its discretion it considers proper. 14.09 The Board of Arbitration in reaching its decision shall be governed by the provisions of this Agreement and shall not have the authority to change, alter, modify, amend or delete any of its provisions. A decision of a majority of the Board shall be taken to be the decision of the Board and shall be final and binding on all parties concerned. 14.10 A Shop ▇▇▇▇▇▇▇ or Union Representative must be present at when any discipline is administered to any employee or when any document is placed in an employee's file. Any disciplinary document placed in an employee’s file shall be copied and forwarded to the request of either partyUnion. Employees shall have access to their file upon request. 8.03 14.11 Each party shall pay the fees and expenses of its nominee to a Board of Arbitration. Each party shall pay one-half (50%) of the fees and expenses of the Chairperson of the Board of Arbitration. 14.12 Nothing herein shall prohibit the parties from agreeing to a single Arbitrator. If so, then the Articles pertaining to an Arbitration Board shall apply to the sole Arbitrator. 14.13 No written warnings shall be used against employees for disciplinary purposes after a period of one (1) year has elapsed from date of issue, provided an employee does not have discipline of the same or similar nature within the year. 14.14 The Employer must give one (1) day’s notice prior to any written discipline being administered to any employee. 14.15 Should any dispute arise between the Employer and an employeeemployee inadvertently, or between the Employer otherwise, be penalized, laid off, dismissed, recalled, promoted, demoted or transferred out of his/her job classification and the Unionit is later established that such penalty, as layoff, dismissal, recall or failure to the interpretationrecall, applicationpromotion, administration demotion or alleged violation of any of transfer was unfair and/or not in accordance with the provisions of this Agreement, the employee or Union Representative will bring it he/she shall immediately be returned to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of his/her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance former status in all respects and shall be deemed compensated for all wages and benefits lost by reasons of such penalty, layoff, recall, or failure to have been settled recall, promotion, demotion, dismissal or abandonedtransfer. 8.04 A written grievance will indicate the nature 14.16 All negotiations of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternatelydealt with during working hours, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent no employee or employee's representative of the parties. Should Union will suffer loss of pay by reason of time spent in discussion of grievances with the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandonedEmployer.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to A. A grievance within the meaning of this agreement believe it Agreement shall be any dispute concerning the interpretation, application or claimed violation of a specific term or provision of this Agreement. This is important to adjust complaints the sole and exclusive procedure for the resolution of grievances as quickly as possible as provided for herein. The employee under this Agreement. B. An aggrieved adjunct or part-time faculty or the Union shall first discuss any individual complaint informally with present a grievance within fifteen (15) days of its occurrence or such grievance shall be deemed waived by the Director of Care adjunct or designate at part-time faculty and the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may Union. An adjunct or part-time faculty shall be accompanied by or represented by her Union Representative. At Step 1 a union representative at each step of the grievance procedure procedure. C. The steps set forth below will be followed in the processing of grievances: Step 1. The adjunct or part-time faculty and the Union shall discuss the grievance with the adjunct’s immediate supervisor. The adjunct’s immediate supervisor may request a representative of from Human Resources to observe and/or discuss the Ontario Nurses' Association may be present at grievance. If the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as grievance is not adjusted satisfactorily to the interpretation, application, administration adjunct or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties part-time faculty within ten (10) days, the Union may appeal the grievance to Step 2. Step 2. The Administrator Grievances appealed to Step 2 shall give a written decision within ten (10) days be reduced to writing and sent to the ▇▇▇▇ of the meeting to the Bargaining Unit President appropriate school or her designate their designee, with a copy to the Labour Relations Officerappropriate Department Chair and the University’s Office of Employee Relations. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A The written grievance will indicate must set forth the nature basis of the grievance with reasonable particularity, including a designation of the Article of the Agreement relied upon and the remedy sought by the grievorrequested. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled The ▇▇▇▇ or abandoned.▇▇▇▇’▇

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representativeunion representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative union representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances 4-1 A grievance shall be defined as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to regarding the interpretation, application, administration application or alleged violation of any of: (a) Any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention ; (b) Any of the immediate supervisor to settle such differences within ten (10) days policies or regulations of the occurrence. If further action is School District which directly relate to be taken, then within ten (10) days those mandatory subjects of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designatebargaining as outlined in NRS 288.150(2). A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred filed by an administrator of the School District covered by this Agreement, or by the Association. A grievance shall not include any matter or action taken for which relief is granted by the Statutes of Nevada. 4-2 Grievances will be brought by individuals or groups of individuals who are directly affected by the nature of this dispute. Grievances may be initiated or pursued at any step and to arbitration any higher step by either partyCCASAPE. If no A grievance filed by the Association involving more than one (1) administrator in more than one (1) location may be commenced at Step Two of the Grievance and Arbitration Procedure by filing a written notice of intent to submit grievance. 4-3 A grievance as defined above must be filed in writing alleging which terms or provisions under which the matter for arbitration is received within ten dispute arises, and must be filed not later than twenty (1020) school days after the decision under Step Noaffected administrator or Association first knew or should have known of the act or condition upon which the grievance is based. 1 A school day shall be defined as a day in which a covered administrator is receivedrequired to be present on the job. 4-4 During all procedural steps, each of the parties to the grievance shall be deemed have access at reasonable times to have been settled or abandoned. 8.04 A all written grievance will indicate the nature of the grievance statements and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial records of the grievance. Should a All proceedings in any grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered conducted in private and full confidentiality shall be maintained. 4-5 In the event the grievance is between two (2) members of CCASAPE, the grievant will be represented by CCASAPE during the entire Grievance and Arbitration Procedure. 4-6 All grievances shall be handled in the following manner: 4-6-1 A grievant may first attempt to have been settled or abandonedresolve it informally by meeting with his immediate supervisor within five (5) school days. At this step there is no reason to put the grievance in writing, no written report shall be made by the supervisor. The supervisor shall render a decision no later than five (5) school days from the date of the meeting.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with In the Director event of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, Local Union or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions persons subject to this Agreement and the Producer with regard to wage scales, hours of employment or working conditions or with regard to the interpretation of this AgreementAgreement concerning such provisions,1 the procedure, unless otherwise specifically provided herein, shall be as follows: If the employee grievance is not settled within five (5) working days after the invocation of Step One and if the aggrieved party objects to submission of the dispute to Step Two, then it may proceed immediately to expedited or Union Representative will bring regular arbitration, as provided below, by delivering or mailing, within five (5) days thereafter, a written request for expedited arbitration or a written demand for regular arbitration, as provided below. If the responding party objects to submission of the dispute to Step Two, it shall so notify the other party at least three (3) days prior to the attention of Step Two hearing. The aggrieved party shall thereupon have the immediate supervisor right to settle such differences proceed to expedited or regular arbitration, as provided below, within ten (10) working days after receipt of such notice from the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either responding party. If no written notice of intent to submit the matter such demand for arbitration Step Two proceedings is received within ten (10) days after the decision under Step No. 1 is receivedso served, the grievance shall be deemed brought before the Grievance Committee as soon as possible, but not later than twenty (20) working days following the receipt of such notice, unless either party objects to have been settled or abandoned. 8.04 A written grievance will indicate the nature submission of the dispute to Step Two as provided above. The Grievance Committee shall consist of a designated Representative of the Local Union and a representative of CSATF. The parties to the grievance and the remedy sought by the grievor. Union grievances shall be set out on present and shall be responsible for the union grievance formpresentation of their own position at such time and place. Alternately, the parties may agree Failure of either party to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of to comply with the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond foregoing requirements shall be deemed a waiver of the claim or waiver of any defense to the claim, as the case may be. The Grievance Committee shall schedule the order of the grievances to be a denial of heard. Prior to beginning the hearing, the Committee shall attempt to assist the parties in mutually resolving the grievance. Should If the parties fail to resolve the grievance with the assistance of the Committee, either party shall have the right to opt out of the Step Two hearing before it begins and the aggrieved party may instead proceed to arbitration. If neither party opts out of the Step Two hearing, the Grievance Committee will afford the parties an oral hearing on the merits of such grievance and render a grievance written decision thereon within five (5) working days from the close of the hearing, but in no event later than twenty (20) working days after the hearing commenced. The Second Step shall be an informal one and for the purpose of resolving the grievance. The Committee shall determine its own rules and procedures. The decision of the Committee shall not be submitted within precedential. The decision of the various time limits specified in this AgreementGrievance Committee, unless mutually extendedif any, it shall be considered to have been settled or abandonedfinal and binding upon the parties and any employees concerned.

Appears in 2 contracts

Sources: Labor Agreement, Labor Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 Any grievance or dispute, which may arise between the parties, including the application, meaning or interpretation of this Agreement, shall be settled in the following manner. Step 1: The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for hereinUnion ▇▇▇▇▇▇▇ and/or representative, with or without the aggrieved employee, shall take up the grievance or dispute in writing with their Superintendent within seven (7) working days. The employee or Union grievant shall first discuss any individual complaint informally be entitled to a meeting with their Superintendent and immediate supervisor prior to settlement of the grievance. The Superintendent shall respond to the grievance within seven (7) working days. Step 2: If the grievance has not been settled, it shall be presented in writing to the Director of Public Works within seven (7) working days after the supervisor’s response is due. The grievant shall be entitled to a hearing before the Director of Public Works. This hearing shall be held after the timely filing of the written presentation of the grievance with the Director of Care or designate at Public Works, but before the first opportunityresponse of the Director of Public Works is due. The Director of Public Works shall respond to the ▇▇▇▇▇▇▇ in writing within seven (7) days. 8.02 In all steps of this Step 3: If the grievance procedure an aggrieved employeestill remains unsettled, if she so desires may it shall be accompanied by or represented by her Union Representative. At Step 1 presented to the Town Administrator, in writing, within fourteen (14) working days after, the response of the Director of Public Works is due. The Town Administrator shall respond to the Chapter Chair in writing within fourteen (14) working days. Step 4: If the grievance procedure a representative is still unsettled, either party may within thirty (30) days after the reply of the Ontario Nurses' Association may Town Administrator is due, by written notice to the other, request arbitration. Arbitration shall be present at initiated and conducted under the request auspices of either party. 8.03 Should any dispute arise the American Arbitration Association, or by mutual agreement between the Employer Town and an employeeAFSCME, or between the Labor Relations Connection, pursuant to the then prevailing rules thereof. The decision of the arbitrator shall be final and binding on the parties and the arbitrator shall be requested to issue their decision within thirty (30) days after the conclusion of testimony and argument. The expense for the arbitrator’s services and the proceedings shall be borne equally by the Employer and the Union, as to the interpretation, application, administration or alleged violation of any . If either party desires a verbatim record of the provisions proceedings, it may cause such a record to be made, provided it pays for the record. If the other party and/or the arbitrator desire a copy of this Agreementthe record then the total cost of the record will be shared equally. Grievances involving suspensions or terminations shall be processed beginning at Step 3. If the case reaches arbitration, the employee or Union Representative will bring it arbitrator shall have the power to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give direct a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature resolution of the grievance up to and including restoration to the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form job with all compensation and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to privileges that would have been settled or abandoneddue the employee.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee Any grievance or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires dispute which may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between parties concerning the Employer and the Union, as to the interpretation, application, administration meaning or alleged violation of any of the provisions interpretation of this Agreement, Agreement shall be settled in the following manner: Any employee or Union Representative will bring it to having a grievance shall first take up the attention of the matter with his immediate supervisor to settle such differences informally within ten (10) working days following the alleged contract violation or it shall be considered invalid. The Union ▇▇▇▇▇▇▇ may be present, if so requested by the employee. The Supervisor shall have a maximum of ten (10) working days to resolve the issue. The Union shall have the right to initiate a grievance on its behalf at the second step of this grievance procedure for disagreements which cannot be resolved by the individual employee procedure. STEP 1. In the event the grievance is not resolved informally, the grievance shall be signed by the employee and union representative and presented in writing specifying the Article and Section of the occurrence. If further action is Agreement from which the alleged grievance arises, to be taken, then the immediate Supervisor of Maintenance within ten (10) working days following the Supervisor's informal disposition or lack of same. The Supervisor shall attempt to adjust the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, matter and shall submit the written grievance respond to the Administrator representative or designate. A meeting will be held between the parties employee in writing within ten (10) working days. STEP 2. If the grievance still remains unresolved it shall be presented by the Union Representative or Union Grievance Committee to the Superintendent of Schools or his/ her designee in writing as in Step 1 within seven (7) working days after response of the Supervisor is due. Either party may request and shall be granted a meeting at Step 2. The Administrator grievant, grievance committee and representative of MEA may attend meetings at Step 2. The superintendent or his/her designee shall give a written decision within ten (10) days of attempt to adjust the meeting matter and shall respond in writing to the Bargaining Unit President Union ▇▇▇▇▇▇▇, Union Representative, or her designate Grievance Committee, with a copy of the response to the Labour Relations OfficerLocal President within fifteen (15) working days. STEP 3. Should If the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrablestill unsettled, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received Union may, within ten fifteen (1015) working days after the decision under Step NoSuperintendent’s response is due, by written notice to the other party, request arbitration. 1 is The parties shall attempt to mutually agree upon the arbitrator within fifteen (15) calendar days after notice has been received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, If the parties may are unable to mutually agree to upon an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond arbitrator within the time limit(sfifteen (15) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.calendar

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties ‌ A. A grievance shall be defined as any dispute or controversy related to wages, hours, or working conditions, or the interpretation or application of this agreement believe it is important MOU, as applied to adjust complaints a member of the bargaining unit or the bargaining unit as a whole (hereinafter "grievant") which arises between the Agency and grievances as quickly as possible as provided for hereinthe Union. The employee procedures set forth herein shall be the exclusive means of handling and resolving any grievance arising hereunder. B. First Step. Any grievance arising under this article shall be discussed in a meeting between the department head or other supervisory staff authorized by the department head, the Union ▇▇▇▇▇▇▇ and the grievant within three (3) working days of the request for such a meeting. Such request shall first discuss any individual complaint informally with be made within five (5) working days of the Director occurrence of Care the incident giving rise to the grievance, or the discovery thereof. In the absence of the department head, the administrator shall designate another management employee, other than the administrator, to attend in the place of the department head. It shall be the policy of the Union and the Agency to resolve all grievances at the first opportunitystep wherever and whenever possible. 8.02 In all steps of this C. Second Step. 1. If the grievance procedure an aggrieved employeeis not resolved at the first step, if she so desires the grievant may be accompanied by or represented by her Union Representative. At Step 1 elect to take the matter to the second step of the grievance procedure procedure. In order to take the grievance to the second step, the grievant must set forth in writing a representative detailed statement of the Ontario Nurses' Association may be present at facts and issues raised in the grievance. The second step request must also contain a statement of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer specific acts of management and the Union, as to the interpretation, application, administration or alleged violation of any specific provisions of the provisions Memorandum of this Agreement, Understanding of which the employee or Union Representative will bring it to grievant contends management is in violation. All second step grievances must be filed with the attention of the immediate supervisor to settle such differences Administrator within ten (10) working days of the occurrencedate of the department head's response to the first step grievance, or they shall be determined as untimely. 2. The Administrator, the Union ▇▇▇▇▇▇▇, and the grievant shall meet within five (5) working days after the administrator has received the written grievance. The issues discussed at the second step meeting shall be limited to those set forth in the written grievance. 3. If further action the grievance is to be takennot satisfactorily resolved at the meeting, then the administrator shall issue a written response within ten (10) working days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between Union setting forth the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter specific reasons for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoneddenial. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 2 contracts

Sources: Memorandum of Understanding, Memorandum of Understanding

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 A. A "grievance" is a claim by an employee alleging that there has been a violation, misinterpretation or misapplication of any provision of the Agreement. Any such grievance shall be submitted to the grievance procedure as hereinafter provided: Step 1 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The Union ▇▇▇▇▇▇▇, with or without the aggrieved employee shall take up the grievance or Union shall first discuss any individual complaint informally dispute with the Director of Care department head or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 designee within ten (10) calendar days of the grievance procedure a representative or the employee's knowledge of its occurrence. The supervisor shall attempt to adjust the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer matter and an employee, or between the Employer and the Union, as shall respond to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement▇▇▇▇▇▇▇ within three (3) working days. In order to be considered a grievance meeting, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. ▇▇▇▇▇▇▇ must so state. Step 2 If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have has not been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extendedsettled, it shall be considered reduced to have writing, signed by the employee and/or the ▇▇▇▇▇▇▇ and presented to the department head within five (5) working days after the Step 1 response is due. The department head shall respond to the ▇▇▇▇▇▇▇, in writing, within five (5) working days. Step 3 If the grievance has not been settled and if, after review, the Union wishes to carry it further, it shall be presented to the chief administrator for personnel matters or abandonedother designated administrator not including Transportation Department head in writing within five (5) working days after the response of the department head is due. The chief administrator for personnel matters or designee shall schedule a meeting with the Union to discuss and attempt to resolve the grievance. The meeting may be attended by three (3) representatives selected by the Union and three (3) representatives selected by the Employer. If the parties are unable to resolve the grievance, the chief administrator for personnel matters or designee shall place the district's final response in writing and return it to the Union within five (5) working days of the date of the meeting. Step 4 If the grievance is still unsettled and the Union wishes to carry it further, the Employer and Union shall attempt to mutually agree on an arbitrator. If the parties cannot agree on an arbitrator, the Union shall file a "Demand for Arbitration" to the American Arbitration Association within thirty (30) days after receipt of the answer of the chief administrator for personnel matters/designee. Thereafter, it shall be handled in accordance with the American Arbitration Association's Rules and Regulations. The fees and expenses of the arbitrator shall be shared equally by the Union and the Employer. All other expenses shall be borne by the party incurring them and neither party shall be responsible for the expense of witnesses called by the other. Either party may initiate a settlement conference, no later than thirty (30) days before a scheduled arbitration hearing. B. Power of the Arbitrator It shall be the function of arbitrators, and they shall be empowered, except as their powers are limited below, after due investigation, to make a decision in cases of alleged violation of the specific articles and sections of this Agreement, it being understood that any matter not specifically set forth herein remains within the reserved rights of the Board. 1. The arbitrator shall have no power to add to, subtract from, disregard, alter, or modify any of the terms of this Agreement. 2. The arbitrator shall have no power to establish or alter salary schedules. 3. The arbitrator shall have no power to rule on any matter not specifically set forth in this Agreement. 4. The arbitrator shall have no power to establish or change any retirement benefit established and administered by the State of Michigan. Additionally, the arbitrator shall be limited from ruling on any claim or dispute regarding the terms of the pension plan or an action by the pension administrator. 5. The arbitrator shall have no power to establish or change any insurance policy. Additionally, the arbitrator shall be limited from ruling on any claim or dispute regarding the terms or a policy document or an action by the insurance company. C. In the event that a case is appealed to an arbitrator on which the arbitrator has no power to rule, it shall be referred back to the parties without decision or recommendations on its merits. D. There shall be no appeal from an arbitrator's decision if within the scope of his/her authority as set forth above. It shall be binding on the Union, its members, the employee(s) involved, and the Board.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to For the purposes of this agreement believe it is important to adjust complaints Article, the term "working days" shall mean Monday through Friday which excludes Saturday, Sunday, and grievances as quickly as possible as provided for hereinholidays. Section 1. The employee or Union shall first discuss any individual complaint informally with grievance and arbitration procedure set forth herein is designed to preserve harmony and friendly relations between the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employeeCity and its employees. Furthermore, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure is to provide a representative just and equitable method for the resolution of grievances without discrimination, coercion, restraint, or reprisal against any employee who may submit or be involved in a grievance. The grievance and arbitration procedure shall not be used to change, but to clarify provisions of the Ontario Nurses' Association may be present at Personnel Code, municipal ordinances, Department rules and regulations, and the request of either partycontract between the Union and the City. 8.03 Should Section 2. A grievance is hereby jointly defined to be any dispute arise between disagreement concerning the Employer and an employee, interpretation or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any application of the specific and expressed provisions of this AgreementAgreement relating to wages, fringe benefits, or working conditions. If any grievance is applicable to more than one employee, a grievance may be initiated by the Union on behalf of the affected group by naming one such aggrieved employee by name and "all other similarly situated employees." Section 3. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact name of the grievant(s), the act or acts of commission or omission, the exact date of the act or acts of commission or omission, the identity of the party or parties who claim to be aggrieved, the identity of the party or parties alleged to have caused the grievance, the specific provisions of this Agreement that are alleged to have been violated, and the remedy which is sought. Section 4. Grievances shall be processed in the following manner: Step 1. Within ten (10) working days of the occurrence of the disagreement giving rise to the grievance, the employee or Union Representative will bring it must submit a written request (which may be accomplished by the employee sending an e-mail via the Department’s e-mail) to the attention of Department Head for a meeting to discuss the immediate supervisor to settle such differences grievance. The Department Head or his designee shall arrange for a meeting with the employee within ten (10) working days from the date of receipt of the occurrenceemployee's actual letter requesting a review as described in this step. If further action The employee is entitled to be taken, then within ten (10represented by a Union representative(s) days of and/or by the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) daysUnion's attorney at this meeting. The Administrator shall give Department Head will render a written decision within ten (10) working days of the meeting with the employee. Step 2. If the grievance is not solved under Step 1, the employee may request a hearing before the Personnel Board or the Union in its sole discretion may request that the matter be taken to arbitration arbitrator by notifying the Bargaining Unit President Personnel Director in writing, within five (5) working days from the date of decision in Step 1. Upon such written notification, the Personnel Director shall arrange for a hearing before the Personnel Board within thirty (30) working days from the date of request as described in this Step for a hearing before the Personnel Board. If there is a request to take the grievance to arbitration, the following procedure in the Sections stated below shall be followed, and the Personnel Director shall arrange, either through the City Attorney’s Office or her designate through the Director’s office, to select an arbitrator with a copy to the Labour Relations OfficerUnion or its representative. Should If such Personnel Board hearing and written decision do not resolve the Administrator fail to render his decision or failing settlement of any grievance grievance, then arbitration may be requested under the foregoing procedure, including any questions as to whether procedure hereinafter provided. Section 5. It is understood and agreed that a matter is arbitrable, the written grievance may be referred taken to arbitration under this Agreement, in order to be valid under this Agreement, must allege a direct violation of the express purpose of the contractual provision in question. It is also understood and agreed that it is the intent of the parties to this Agreement that a written grievance taken to arbitration shall not be valid if such written grievance challenges action taken by either partythe City in the exercise of inherent management rights, except where such written grievance is based upon a clear, express limitation thereon. Section 6. If no written Upon receipt of a notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is receivedarbitrate a grievance, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance City, through its designated representative, and the remedy sought employee, or his designated representative, shall promptly meet and attempt to select an arbitrator by mutual agreement. If the grievor. Union grievances shall be set out on the union grievance form. Alternatelyparties are unable to select an arbitrator by this method, the parties may agree will jointly address a letter to an electronic version the Federal Mediation and Conciliation Service (FMCS) requesting a list of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.five (5)

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust address complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally formally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representativeemployee representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative union representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative employee representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator Chief Executive Officer or designate. A meeting will be held between the parties within ten (10) days. The Administrator Chief Executive Officer shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator Chief Executive Officer fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it 16.1 Where there is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at a dispute in the first opportunity. 8.02 In all steps instance as to whether the provisions of this grievance procedure an aggrieved employee, if she so desires may be accompanied by Article 16 or represented by her Union Representative. At Step 1 of the grievance procedure procedures of a representative of Schedule A agreement apply, the Ontario Nurses' Association may dispute shall be present at the request of either party. 8.03 Should any dispute arise between the Employer and presented initially to an employeearbitrator selected under Section 16.3, or between the Employer and the Union, Step 4 for resolution as to the interpretation, application, administration or alleged violation of any applicable procedures. The arbitrator shall hold an expedited hearing within forty-eight (48) hours after receipt of the provisions notice invoking the procedure and shall issue an award within twenty-four (24) hours after the close of the hearing. The award shall specify the appropriate procedure to be followed and may be issued without an opinion. If any party desires a written opinion, one shall be issued within fifteen (15) days, but its issuance shall not delay a hearing on the merits under the appropriate procedure as determined by the arbitrator. The requesting party shall be responsible to pay any additional costs associated with the written opinion. 16.2 Any question, dispute, or claim arising out of, or involving the interpretation or application of this Agreement, excluding jurisdictional disputes and alleged violations of Article 10, shall be considered a grievance and shall be resolved in accordance with the employee procedures set forth below, provided that the question, dispute or claim arose during the term of this Agreement. No grievance shall be recognized unless the grieving party (Union Representative will bring it on its own behalf or on behalf of a represented employee, or a Contractor or the Developer on its own behalf) provides notice in writing to the attention designated representative of the immediate supervisor to settle such differences signatory party with whom it has a dispute, within ten (10) business days of after the occurrence. If further action is to be takenalleged violation was committed, then within ten but in no event, more than thirty (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (1030) days after the decision under Step Nogrievant knew or reasonably should have known of the event giving rise to the dispute. 1 is receivedThe Designated Representative of the Developer, the grievance Primary Contractor and Council shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought copied on all notifications required by the grievorthis Article. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in Upon executing this Agreement, unless mutually extended, it each party shall be considered required to have been settled or abandoneddesignate a representative in writing for the purpose of this Article. 16.3 Grievances shall be resolved according to the following procedures:

Appears in 2 contracts

Sources: Project Labor Agreement, Project Labor Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with ‌ A. A grievance within the Director of Care or designate at the first opportunity. 8.02 In all steps meaning of this grievance procedure an aggrieved employee, if she so desires may Agreement shall be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to concerning the interpretation, application, administration application or alleged claimed violation of any of the provisions a specific term or provision of this Agreement. This is the sole and exclusive procedure for the resolution of grievances under this Agreement. B. An aggrieved graduate employee or the Union shall present a grievance within fifteen C. The steps set forth below will be followed in the processing of grievances: Step 1. The graduate employee shall discuss the grievance with the appropriate faculty member or administrator, as the case may be, within the graduate employee’s department or in the appropriate unit of the assistantship. If the grievance is not adjusted satisfactorily to the graduate employee within ten (10) days, the employee or Union Representative will bring it may appeal the grievance Step 2. Grievances appealed to Step 2 shall be reduced to writing and sent to the attention ▇▇▇▇ of the immediate supervisor appropriate school or their designee, with a copy to settle such differences the appropriate Department Chair and the University’s Office of Labor Relations. The written grievance must set forth the basis therefor with reasonable particularity, including a designation of the Article of the Agreement relied upon and the remedy requested. The ▇▇▇▇ or ▇▇▇▇'▇ designee shall meet with the grievant and the Union within ten (10) days of the occurrencereceipt of the written grievance. If further action is The ▇▇▇▇ or ▇▇▇▇'▇ designee shall respond to the Union in writing within ten (10) days, with a copy to the University’s Office of Labor Relations. Step 3. A grievance not settled in Step 2 may be takenappealed in writing to the ▇▇▇▇▇▇▇ of the University, then or their designee, within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) daysStep 2 denial. The Administrator ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇'▇ designee shall give a written decision meet with the Union to discuss the grievance within ten (10) days of the meeting receipt of the written appeal. The ▇▇▇▇▇▇▇ or designee will render a decision within fifteen (15) days of receipt of the appeal. D. The University may present a grievance initially at step 3 by notice in writing addressed to the Bargaining Unit President or her designate with a copy Union at its offices. The Union shall respond in writing to the Labour Relations OfficerUniversity's grievance within five (5) days. E. Any disposition of a grievance from which no appeal is taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of the Agreement. Should Failure on the Administrator fail part of either party to render his decision or failing settlement of answer a grievance at any grievance under step shall not be deemed acquiescence thereto, and the foregoing procedure, including any questions as grieving party may proceed to whether a matter the next step. (1) If either party is arbitrablenot satisfied with the Step 3 response, the grievance may be referred taken (2) The Arbitrator shall have jurisdiction only over disputes arising out of grievances, as defined in paragraph A above and shall not have authority to arbitration by either partyadd to, subtract from, modify or amend in any way the provisions of this Agreement. If no written notice The decision of intent to submit the matter for arbitration is received within ten (10) days after Arbitrator shall be final and binding upon the decision under Step No. 1 is receivedUnion, the grievance University and the graduate employee. The fees and expenses of the American Arbitration Association and the Arbitrator shall be deemed to have been settled or abandonedborne equally by the parties. 8.04 A written grievance will indicate G. The Arbitrator shall have no jurisdiction or authority to issue any award changing, modifying or restricting any action taken by the nature University with respect to the University’s exercise of management or academic rights under Article XXII (Management and Academic Rights) of this agreement. H. The time limits provided for in this Article shall not include Saturdays, Sundays and University Holidays. All time limits herein may be extended by mutual agreement. ▇. ▇▇▇▇▇▇▇▇▇▇ concerning the discharge of a graduate employee, and/or grievances pertaining to more than one graduate employee may be initiated by the Union at Step 3 of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signingprocedure. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to For the purposes of this agreement believe it is important to adjust complaints Article, the term "working days" shall mean Monday through Friday which excludes Saturday, Sunday, and grievances as quickly as possible as provided for hereinholidays. Section 1. The employee or Union shall first discuss any individual complaint informally with grievance and arbitration procedure set forth herein is designed to preserve harmony and friendly relations between the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employeeCity and its employees. Furthermore, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure is to provide a representative just and equitable method for the resolution of grievances without discrimination, coercion, restraint, or reprisal against any employee who may submit or be involved in a grievance. The grievance and arbitration procedure shall not be used to change, but to clarify provisions of the Ontario Nurses' Association may be present at Personnel Code, municipal ordinances, Department rules and regulations, and the request of either partycontract between the Union and the City. 8.03 Should Section 2. A grievance is hereby jointly defined to be any dispute arise between disagreement concerning the Employer and an employee, interpretation or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any application of the specific and expressed provisions of this AgreementAgreement relating to wages, fringe benefits, or working conditions. If any grievance is applicable to more than one employee, a grievance may be initiated by the Union on behalf of the affected group by naming one such aggrieved employee by name and "all other similarly situated employees." Section 3. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact name of the grievant(s), the act or acts of commission or omission, the exact date of the act or acts of commission or omission, the identity of the party or parties who claim to be aggrieved, the identity of the party or parties alleged to have caused the grievance, the specific provisions of this Agreement that are alleged to have been violated, and the remedy which is sought. Section 4. Grievances shall be processed in the following manner: Step 1. Within ten (10) working days of the occurrence of the disagreement giving rise to the grievance, the employee or Union Representative will bring it must submit a written request (which may be accomplished by the employee sending an e-mail via the Department=s e-mail) to the attention of Department Head for a meeting to discuss the immediate supervisor to settle such differences grievance. The Department Head or his designee shall arrange for a meeting with the employee within ten (10) working days from the date of receipt of the occurrenceemployee's actual letter requesting a review as described in this step. If further action The employee is entitled to be taken, then within ten (10represented by a Union representative(s) days of and/or by the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) daysUnion's attorney at this meeting. The Administrator shall give Department Head will render a written decision within ten (10) working days of the meeting to with the Bargaining Unit President or her designate with a copy to employee. Step 2. If the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance is not solved under the foregoing procedure, including any questions as to whether a matter is arbitrableStep 1, the grievance employee may request a hearing before the Personnel Board or the Union in its sole discretion may request that the matter be referred taken to arbitration by either partynotifying the Personnel Director in writing, within five (5) working Section 5. If no It is understood and agreed that a written grievance taken to arbitration under this Agreement, in order to be valid under this Agreement, must allege a direct violation of the express purpose of the contractual provision in question. It is also understood and agreed that it is the intent of the parties to this Agreement that a written grievance taken to arbitration shall not be valid if such written grievance challenges action taken by the City in the exercise of inherent management rights, except where such written grievance is based upon a clear, express limitation thereon. Section 6. Upon receipt of a notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is receivedarbitrate a grievance, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance City, through its designated representative, and the remedy sought employee, or his designated representative, shall promptly meet within fifteen (15) working days and attempt to select an arbitrator by mutual agreement. If the grievor. Union grievances shall be set out on the union grievance form. Alternatelyparties are unable to select an arbitrator by this method, the parties may agree will jointly address a letter to an electronic version the Federal Mediation and Conciliation Service (FMCS) requesting a list of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.five (5)

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 A. The parties term grievance shall be interpreted to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual mean a complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure by an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and administrator that there has been an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any the collective bargaining agreement. 1. An administrator may initiate a grievance by first discussing the matter with his/her immediate supervisor. An Association officer shall be provided immediately upon request. If the grievance cannot be satisfactorily resolved at Step One, it may be submitted to Step Two by the grievant and Association. 2. Within ten (10) days of the provisions of this Agreementsupervisor’s response, at Step One, or as otherwise provided, the employee or Union Representative will bring it Association and grievant shall submit to the attention Superintendent or his/her designee at Step Two a written grievance which shall set forth the nature and parties to the dispute, the contract provision allegedly violated, and the relief requested. Should either party so request, a grievance meeting shall be held at Step Two between the grievant, the Association and the Superintendent or his/her designee within ten days of the immediate supervisor submission of the written grievance. Within the ten (10) days of said submission, or the meeting if requested, the Superintendent or his/her designee shall notify the Association of his/her decision. 3. If the grievance is not resolved at Step Two, the grievance, at the option of the Association, may be submitted as Step Three by the Association to settle such differences arbitration. The Association will submit in writing to the Superintendent or designee its intention to arbitrate within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days receipt of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days disposition of the meeting to Superintendent or designee. 4. After the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter request for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have has been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternatelymade, the parties may agree will attempt to an electronic version of choose a mutually acceptable arbitrator. If this form attempt is unsuccessful, the arbitrator will be selected in accordance with the rules and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent regulations of the partiesAmerican Arbitration Association. Should The award will be binding upon the Employer not respond within Association, District and the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandonedemployee involved.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with ‌ A. A grievance within the Director of Care or designate at the first opportunity. 8.02 In all steps meaning of this grievance procedure an aggrieved employee, if she so desires may Agreement shall be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to concerning the interpretation, application, administration application or alleged claimed violation of any of the provisions a specific term or provision of this Agreement. This is the sole and exclusive procedure for the resolution of grievances under this Agreement. B. An aggrieved graduate employee or the Union shall present a grievance within fifteen C. The steps set forth below will be followed in the processing of grievances: Step 1. The graduate employee shall discuss the grievance with the appropriate faculty member or administrator, as the case may be, within the graduate employee’s department or in the appropriate unit of the assistantship. If the grievance is not adjusted satisfactorily to the graduate employee within ten (10) days, the employee or Union Representative will bring it may appeal the grievance Step 2. Grievances appealed to Step 2 shall be reduced to writing and sent to the attention ▇▇▇▇ of the immediate supervisor appropriate school or their designee, with a copy to settle such differences the appropriate Department Chair and the University’s Office of Labor Relations. The written grievance must set forth the basis therefor with reasonable particularity, including a designation of the Article of the Agreement relied upon and the remedy requested. The ▇▇▇▇ or ▇▇▇▇'▇ designee shall meet with the grievant and the Union within ten (10) days of the occurrencereceipt of the written grievance. If further action is The ▇▇▇▇ or ▇▇▇▇'▇ designee shall respond to the Union in writing within ten (10) days, with a copy to the University’s Office of Labor Relations. Step 3. A grievance not settled in Step 2 may be takenappealed in writing to the ▇▇▇▇▇▇▇ of the University, then or their designee, within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) daysStep 2 denial. The Administrator ▇▇▇▇▇▇▇ or ▇▇▇▇▇▇▇'▇ designee shall give a written decision meet with the Union to discuss the grievance within ten (10) days of the meeting receipt of the written appeal. The ▇▇▇▇▇▇▇ or designee will render a decision within fifteen (15) days of receipt of the appeal. D. The University may present a grievance initially at step 3 by notice in writing addressed to the Bargaining Unit President or her designate with a copy Union at its offices. The Union shall respond in writing to the Labour Relations OfficerUniversity's grievance within five (5) days. E. Any disposition of a grievance from which no appeal is taken within the time limits specified herein shall be deemed resolved and shall not thereafter be considered subject to the grievance and arbitration provisions of the Agreement. Should Failure on the Administrator fail part of either party to render his decision or failing settlement of answer a grievance at any grievance under step shall not be deemed acquiescence thereto, and the foregoing procedure, including any questions as grieving party may proceed to whether a matter the next step. (1) If either party is arbitrablenot satisfied with the Step 3 response, the grievance may be referred taken (2) The Arbitrator shall have jurisdiction only over disputes arising out of grievances, as defined in paragraph A above and shall not have authority to arbitration by either partyadd to, subtract from, modify or amend in any way the provisions of this Agreement. If no written notice The decision of intent to submit the matter for arbitration is received within ten (10) days after Arbitrator shall be final and binding upon the decision under Step No. 1 is receivedUnion, the grievance University and the graduate employee. The fees and expenses of the American Arbitration Association and the Arbitrator shall be deemed to have been settled or abandonedborne equally by the parties. 8.04 A written grievance will indicate G. The Arbitrator shall have no jurisdiction or authority to issue any award changing, modifying or restricting any action taken by the nature University with respect to the University’s exercise of management or academic rights under Article XXII (Management and Academic Rights) of this agreement. H. The time limits provided for in this Article shall not include Saturdays, Sundays and University Holidays. All time limits herein may be extended by mutual agreement. I. Grievances concerning the discharge of a graduate employee, and/or grievances pertaining to more than one graduate employee may be initiated by the Union at Step 3 of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signingprocedure. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties purpose of the Grievance Procedure shall be to this agreement believe it is important to adjust complaints and settle employee grievances on as quickly low a level as possible to insure efficiency and employee morale. No settlement is binding on the Town unless approved by the Town Administrator or the Board of Selectmen. A grievance shall be defined as provided for herein. The employee a dispute concerning the interpretation or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation application of any of the provisions provision of this Agreement. If the grievance involves a municipal board other than the Board of Selectmen, the Town Administrator will insure that the Board is consulted in the grievance process. Informal Step: Grievances shall be presented verbally by the employee and/or the Union to the Town Administrator or his designee within seven (7) working days of when the employee or the Union Representative will bring it knew or should have known of the occurrence giving rise to the attention grievance. The parties will attempt to resolve the grievance. Step 1: If the grievance is not resolved at the informal Step, a local Union representative and/or an international union representative shall present it in writing on an approved form to the Town Administrator or his designee within seven (7) working days of its presentation at the Informal Step. The grievance will include a statement of the immediate supervisor facts and provision(s) of the Contract alleged to settle such differences have been violated. The Town Administrator or his designee shall meet with the grievant and/or the Union representative within ten seven (107) working days from the time the grievance is presented to him and shall answer the grievance in writing within seven (7) working days after the meeting. Step 2: If the Town Administrator does not hear the grievance at Step 1 and the grievance is not resolved at Step 1, the Union shall forward the grievance in writing to the Town Administrator within seven (7) working days of the occurrenceStep 1 answer. If further action The Town Administrator shall meet with the local Union representative and/or an international Union representative within seven (7) working days of when the grievance is forwarded to be taken, then him in writing. The Town Administrator shall answer the grievance in writing within ten seven (107) working days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designatemeeting. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, If the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought was answered by the grievor. Union grievances shall be set out on Town Administrator in Step 1and the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer answer does not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of resolve the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandonedStep 3 will follow Step 1.)

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 13:01 The parties agree that discussions should occur between employees, Union representatives and Employer representatives when problems or differences arise in an attempt to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for hereinresolve problems or differences. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this This grievance procedure an aggrieved employeeis not intended to preclude any discussion between employees, if she so desires may be accompanied by or represented by her Union Representativerepresentatives and Employer representatives. At Step 1 of the grievance procedure Informal Stage 13:02 If a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise difference arises between the Employer and employee(s), an employee, informal meeting or discussion shall take place between the Employer parties in the dispute, at the workplace. The Employee shall have the right to have a Union representative present at the meeting. The meeting will be held in private. Where discussions on problems or differences occur, the time limits in Clause 13:10 will not commence until two (2) business days after the beginning of these discussions. Formal Stage 13:03 The informal meeting or discussion must take place prior to the filing of a grievance. If the matter is not resolved at the informal meeting or discussion, the employee(s) or the Union shall have the right to file a grievance. Grievances must have the approval and support of the Union, as . 13:04 The Employer shall have the right to file a grievance concerning the interpretation, application, administration operation or any alleged violation of any the agreement. The Employer grievance shall be formally discussed with the Union for the purpose of resolution. If the matter is not thus settled, then it may proceed to arbitration. 13:05 The time limits set out in the Grievance and Arbitration procedures are mandatory and not discretionary. If the time limits set out are not complied with, then the grievance will be considered as being abandoned, unless the parties have mutually agreed, in writing, to extend the time limits or unless the opposing party is in default of the provisions time limits. 13:06 A grievance initiated by the Union, or a grievance involving the termination of this Agreementemployment, suspension greater than three (3) calendar days, job posting, safety or health or sexual harassment, or any other grievance mutually agreed to by the employee or Union Representative will bring it to the attention parties, shall be processed at Stage 2 in accordance with Clause 13:09. 13:07 Representatives of the immediate supervisor to settle such differences within ten Union and Management must be present for any grievance hearing. The employee and the representative will each be given reasonable leave without loss of regular wages for the purpose of preparing for and attending grievance hearings. 13:08 [Stage 1.] Within twenty-five (1025) business days of the occurrence. If further action is to be taken, then within ten (10Employee(s) days becoming aware of the discussionmatter giving rise to the grievance, the employee, who Employee(s) or the Union may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the a written grievance to the Administrator or designate. A meeting will be held between Employer representative, including the parties details of the grievance, the Article(s) of the agreement considered to have been violated and the redress requested. 13:09 [Stage 2.] If the grievance is not settled to the grievor’s satisfaction at Stage 1, the grievor may transmit the grievance to Stage 2 within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten business (10) days after receiving 13:10 If the decision under Step No. 1 grievance is receivednot settled at Stage 2, the Union may refer the grievance shall to arbitration within twenty-five (25) business days of receiving the Employer’s response at Stage 2. The parties agree that grievances will be deemed arbitrated under the Expedited Arbitration Process in Appendix ‘I’, subject to have been settled or abandoned. 8.04 each party having the right to refer no more than one grievance to formal arbitration per contract year. A written formal grievance review will indicate be held no less than quarterly per calendar year. The Employer agrees to not unreasonably withhold their agreement to expedited arbitration. A party may exercise this right to follow the nature formal arbitration procedure by giving the other notice in writing of its intention to do so within the time stipulated for referring the grievance to arbitration. After such notice is given, the parties will attempt to agree on the selection of a single arbitrator to hear the grievance and the remedy sought remaining provisions of Article 13 will apply. 13:11 In the event that the parties fail to agree on the choice of an arbitrator, they shall forthwith request the Minister of Labour to appoint an arbitrator. 13:12 The arbitrator shall have all the powers vested in it by the grievorCanada Labour Code and the collective agreement, including in the case of discharge or discipline, the power to substitute for the discharge or discipline such other penalties that the arbitrator deems just and reasonable in the circumstances, including compensation for lost income and benefits. Union grievances The arbitrator shall render their award within a reasonable period. 13:13 The decision of the arbitrator shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form final and a process for signingbinding. 8.05 Time limits fixed in 13:14 The Employer and the grievance and arbitration procedures may be extended only by written, mutual consent Union shall equally share the cost of the parties. Should the Employer arbitrator. 13:15 The arbitrator shall not respond within the time limit(s) fixedchange, such failure to respond shall be deemed to be a denial modify or alter any of the grievance. Should a grievance not be submitted within terms of the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.collective agreement

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties purpose of the Grievance Procedure shall be to this agreement believe it is important to adjust complaints and settle employee grievances on as quickly low a level as possible to insure efficiency and employee morale. No settlement is binding on the Town unless approved by the Town Administrator or the Board of Selectmen. A grievance shall be defined as provided for herein. The employee or Union shall first discuss any individual complaint informally with a dispute concerning the Director interpretation of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation application of any of the provisions provision of this Agreement. If the grievance involves a municipal board other than the Board of Selectmen, the Town Administrator will insure that the Board is consulted in the grievance process. Informal Step: Grievances shall be presented verbally by the employee or and/or the Union Representative will bring it to the attention Town Administrator or his or her designee within seven (7) working days of its presentation at the Informal Step. The grievance will include a statement of the immediate supervisor facts and provision(s) of the Contract alleged to settle such differences have been violated. The Town Administrator or his or her designee shall meet with the grievant and/or the Union representative within ten seven (107) working days from the time the grievance is presented to him and shall answer the grievance in writing within seven (7) working days after the meeting. Step 1. If the grievance is not resolved at the Informal Step, a local Union representative and/or an International Union representative shall present it in writing on an approved form to the Town Administrator or his or her designee within seven (7) working days of its presentation at the Informal Step. The grievance will include a statement of the facts and provision(s) of the Contract alleged to have been violated. The Town Administrator or his or her designee shall meet with the grievant and/or the Union representative within seven (7) working days from the time the grievance is presented to him and shall answer the grievance in writing within seven (7) working days after the meeting. Step 2. If the Town Administrator does not hear the grievance at Step 1 and the grievance is not resolved at Step 1, the Union shall forward the grievance in writing to the Town Administrator within seven (7) working days of the occurrenceStep 1 answer. If further action The Town Administrator shall meet with the local Union representative and/or an International Union representative within seven (7) working days of when the grievance is forwarded to be taken, then him in writing. The Town Administrator shall answer the grievance in writing within ten seven (107) working days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designatemeeting. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, If the grievance may be referred to arbitration was answered by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Town Administrator in Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer answer does not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of resolve the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandonedStep 3 will follow Step 1.)

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to (a) Any dispute between a Local Union and a Local Employer or any grievance by any Employee covered under this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director Agreement that arises out of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any this Agreement shall be adjusted if possible, by the Local Union Representative and the Local Employer or his designated Representative. A meeting between the Local Union Representative and the Local Employer or his designated Representative shall be called within two (2) working days of receipt of notice of the provisions dispute or grievance by the party grieved against. If the dispute or grievance is not settled within three (3) working days of such receipt, then the grieving party may refer it to Arbitration in accordance with Article 3(d) below or under Section 133 of the OLRA. (b) Where any difference between the Employer and the Union arises from the interpretation, application, administration or alleged contravention of the Agreement then either party may send notification of such difference or grievance to the other. The parties shall meet as soon as conveniently possible to attempt to settle the matter. If the dispute or grievance is not settled within three (3) working days of such meeting or if such a meeting fails to be arranged, then the grieving party may refer it to Arbitration in accordance with Article 3 (d) below or under Section 133 of the OLRA. (c) The Union and Employer agree that it is in the best interest of both parties to hold regularly scheduled regional meetings to discuss matters of mutual interest. (d) Arbitration Procedure - Where a difference arises between the parties hereto relating to the interpretation, application or administration of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions question as to whether a matter is arbitrablearbitrable or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance may be referred to arbitration by either party. If no written notice procedure established above, notify the other party in writing of intent its desire to submit the matter for arbitration is received difference or allegation to arbitration, and the notice shall contain the name of the first party's Appointee to the Arbitration Board. The recipient of the notice shall within ten five (105) working days after advise the other party of the name of its Appointee to the Arbitration Board. The two Appointees so selected shall, within five (5) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two Appointees fail to agree upon a Chairperson within the time limits, the appointment shall be made by the Minister of Labour of Ontario, upon the request of either Party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision, and the decision under Step Noshall be final and binding upon the parties and upon any Employee or Employer affected by it. 1 The decision of a majority shall be the decision of the Arbitration Board, and if there is received, no majority the decision of the Chairperson shall govern. The fees and expenses of the Chairperson shall be borne one-half by the Union and one- half by the Employers. Any other costs or expenses in connection with such Arbitration shall be borne by the party which incurs them. (e) No dispute or grievance shall be deemed considered by the parties nor shall it be subject to have been settled or abandoned. 8.04 A written grievance will indicate the nature provisions of this Article unless it is presented within twenty (20) working days from the date the Local Union and/or Union became aware of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signingalleged dispute or grievance. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to For the purposes of this agreement believe it is important to adjust complaints Article, the term "working days" shall mean Monday through Friday which excludes Saturday, Sunday, and grievances as quickly as possible as provided for hereinholidays. Section 1. The employee or Union shall first discuss any individual complaint informally with grievance and arbitration procedure set forth herein is designed to preserve harmony and friendly relations between the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employeeCity and its employees. Furthermore, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure is to provide a representative just and equitable method for the resolution of grievances without discrimination, coercion, restraint, or reprisal against any employee who may submit or be involved in a grievance. The grievance and arbitration procedure shall not be used to change, but to clarify provisions of the Ontario Nurses' Association may be present at Personnel Code, municipal ordinances, Department rules and regulations, and the request of either partycontract between the Union and the City. 8.03 Should Section 2. A grievance is hereby jointly defined to be any dispute arise between disagreement concerning the Employer and an employee, interpretation or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any application of the specific and expressed provisions of this AgreementAgreement relating to wages, fringe benefits, or working conditions. If any grievance is applicable to more than one employee, a grievance may be initiated by the Union on behalf of the affected group by naming one such aggrieved employee by name and "all other similarly situated employees." Section 3. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact name of the grievant(s), the act or acts of commission or omission, the exact date of the act or acts of commission or omission, the identity of the party or parties who claim to be aggrieved, the identity of the party or parties alleged to have caused the grievance, the specific provisions of this Agreement that are alleged to have been violated, and the remedy which is sought. Section 4. Grievances shall be processed in the following manner: Step 1. Within ten (10) working days of the occurrence of the disagreement giving rise to the grievance, the employee or Union Representative will bring it must submit a written request (which may be accomplished by the employee sending an e-mail via the Department’s e-mail) to the attention of Department Head for a meeting to discuss the immediate supervisor to settle such differences grievance. The Department Head or his designee shall arrange for a meeting with the employee within ten (10) working days from the date of receipt of the occurrenceemployee's actual letter requesting a review as described in this step. If further action The employee is entitled to be taken, then within ten (10represented by a Union representative(s) days of and/or by the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) daysUnion's attorney at this meeting. The Administrator shall give Department Head will render a written decision within ten (10) working days of the meeting to with the Bargaining Unit President or her designate with a copy to employee. Step 2. If the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance is not solved under the foregoing procedure, including any questions as to whether a matter is arbitrableStep 1, the grievance employee may request a hearing before the Personnel Board or the Union in its sole discretion may request that the matter be referred taken to arbitration by either partynotifying the Personnel Director in writing, within five (5) working days from the date of decision in Step 1. If no Upon such written notification, the Personnel Director shall arrange for a hearing before the Personnel Board within thirty (30) working Section 5. It is understood and agreed that a written grievance taken to arbitration under this Agreement, in order to be valid under this Agreement, must allege a direct violation of the express purpose of the contractual provision in question. It is also understood and agreed that it is the intent of the parties to this Agreement that a written grievance taken to arbitration shall not be valid if such written grievance challenges action taken by the City in the exercise of inherent management rights, except where such written grievance is based upon a clear, express limitation thereon. Section 6. Upon receipt of a notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is receivedarbitrate a grievance, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance City, through its designated representative, and the remedy sought employee, or his designated representative, shall promptly meet and attempt to select an arbitrator by mutual agreement. If the grievor. Union grievances shall be set out on the union grievance form. Alternatelyparties are unable to select an arbitrator by this method, the parties may agree will jointly address a letter to an electronic version the Federal Mediation and Conciliation Service (FMCS) requesting a list of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.five (5)

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement Agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representativeemployee representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative union representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative employee representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator Director of Human Resources or designate. A meeting will be held between the parties within ten (10) days. The Administrator Director of Human Resources shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator Director of Human Resources fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties .01 This grievance procedure is not intended to this agreement believe it is important to adjust complaints preclude any discussion between Employees, Union Representatives and grievances as quickly as possible as provided for hereinCompany Representatives. An Employee should discuss a complaint with an In-Flight Manager before presenting a grievance through the authorized Representative of the Alliance. The employee or Union In-Flight Manager shall first discuss any individual the complaint informally with the Director Employee in an attempt to resolve the issue and may remind the Employee of Care the right to have an Alliance ▇▇▇▇▇▇▇ or designate at other authorized Representative of the first opportunityAlliance present during such discussion. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should .02 If any dispute arise between the Employer and an employee, or between the Employer and the Union, as to differences concerning the interpretation, application, administration operation or any alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held Agreement arise between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance Company and the remedy sought by Union, or between the grievor. Union grievances shall be set out on Employee(s) and the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extendedCompany, it shall be processed according to the following grievance procedure. Grievances involving the interpretation, application, operation or any alleged violation of the Agreement must have the approval and support of the bargaining agent. .03 The time limits set out in the grievance procedure are mandatory for both parties. All time limits shall exclude Saturdays, Sundays and General Holidays and may be extended by mutual agreement in writing. Such agreement will not be unreasonably withheld. .04 If the time limits set out in the Complaint Step or Step 2 of the grievance procedure are not complied with, then the grievance will be considered as being abandoned, unless the parties have mutually agreed, in writing, to extend the time limits. .05 If the Company fails to meet a time limit, the Union, at its option, may either advance the grievance to the next step or await the Company’s response, in which case no time limit shall apply against the Union until it has received the Company’s response. .06 Employee(s) upon request shall have been settled or abandonedthe right to be represented at any step of the grievance procedure. The Employee(s) and the Union Representative shall be given reasonable leave with pay to attend such meetings. The Union shall be given full opportunity to present evidence and make representations throughout the grievance procedure. .07 The Company shall post the names and/or titles of the appropriate designated Company Representatives at its pre-flight briefing facility.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to A. Should an employee or group of employees feel aggrieved concerning wages, hours, or conditions of employment, which wages, hours, or conditions are controlled by this agreement believe it agreement, or by any statute, charter provision, ordinance, rule, regulation, or policy which is important to adjust complaints and grievances not in conflict with this agreement, or concerning any matter or condition affecting their health or safety, adjustment shall be sought as quickly as possible as provided for hereinfollows, except that in the case of disciplinary action, the Association may initiate such grievance at Step 2: 1. The employee or Union Association shall first discuss any individual complaint informally submit such grievance in writing to the Chief of Police setting forth the nature and particulars of the grievance. Within five (5) business days after the Chief receives such grievance, the Chief shall meet with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association for the purpose of resolving such grievance. Within five (5) business days after this Step 1 meeting, the Chief shall provide the Association with a written response to the grievance. 2. If such grievance is not resolved to the satisfaction of the Association within five (5) business days of receipt of the Chief's written response, the Association may be present at such grievance in writing to the request First Selectman. Within seven (7) business days after the First Selectman receives such grievance, The First Selectman and/or a designated representative shall meet with the representatives of either partythe Association for the purpose of resolving the grievance. Within seven (7) business days after this Step 2 meeting, the First Selectman or a designee shall provide the Association with a written response to the grievance. 8.03 Should any dispute arise between 3. If the Employer and an employee, or between the Employer and the Union, as response at Step 2 is not satisfactory to the interpretation, application, administration or alleged violation of any of grievant(s) and/or the provisions of this AgreementAssociation, the employee or Union Representative will bring it to grievance may be filed by the attention of the immediate supervisor to settle such differences Association, within ten (10) business days of the occurrenceStep 2 response, to the Connecticut Board of Mediation and Arbitration or to the American Arbitration Association, copy to the Town. Said Board (or the AAA.) shall hear and act upon such grievance in accordance with its rules and the provisions of this contract. The decision of the arbitrator(s) shall be final and binding on all parties. The costs of arbitration, if any, shall be shared equally by the Town and the Association, but other expenses shall be borne by the party incurring them, including payments to the representatives, witnesses, etc. B. If further action the written grievance is to be taken, then not filed at Step A.1 - within ten thirty-five (1035) calendar days of the discussion, time the employee, who may request grievant knew or should have known of the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance incident giving rise to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing proceduregrievance, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is receivedwhichever occurs first, the grievance shall be deemed waived and there shall be no right to have been settled arbitration. If the Town fails to meet or abandoned. 8.04 A provide written grievance will indicate response in accordance with the nature time limitations of this Article, the Association may proceed to the next step of the procedure. If the Association fails to meet or present the grievance and in accordance with the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternatelytime limitations of this Article, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed waived and there shall be no right to be a denial arbitration. C. A day in this Article shall not mean Saturdays, Sundays or holidays observed by the Town. The parties at each step of Section A may by mutual agreement, extend the time limitations of the grievance. Should a Step. D. Nothing contained herein shall prevent any employee from presenting their own grievance not be submitted within either by themselves or by counsel. E. During the various time limits specified in this Agreementpendency of grievance proceedings concerning separation from service or suspension, unless mutually extended, it the employee shall be considered entitled to have been settled or abandonedkeep their insurance as set forth in Article XIV of this agreement in effect by making payments to the Town of the total amount of the insurance premiums for his coverage.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to For the purposes of this agreement believe it is important to adjust complaints Article, the term "working days" shall mean Monday through Friday which excludes Saturday, Sunday, and grievances as quickly as possible as provided for hereinholidays. Section 1. The employee or Union shall first discuss any individual complaint informally with grievance and arbitration procedure set forth herein is designed to preserve harmony and friendly relations between the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employeeCity and its employees. Furthermore, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure is to provide a representative just and equitable method for the resolution of grievances without discrimination, coercion, restraint, or reprisal against any employee who may submit or be involved in a grievance. The grievance and arbitration procedure shall not be used to change, but to clarify provisions of the Ontario Nurses' Association may be present at Personnel Code, municipal ordinances, Department rules and regulations, and the request of either partycontract between the Union and the City. 8.03 Should Section 2. A grievance is hereby jointly defined to be any dispute arise between disagreement concerning the Employer and an employee, interpretation or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any application of the specific and expressed provisions of this AgreementAgreement relating to wages, fringe benefits, or working conditions. If any grievance is applicable to more than one employee, a grievance may be initiated by the Union on behalf of the affected group by naming one such aggrieved employee by name and "all other similarly situated employees." Section 3. In reducing a grievance to writing, the following information must be stated with reasonable clearness: The exact name of the grievant(s), the act or acts of commission or omission, the exact date of the act or acts of commission or omission, the identity of the party or parties who claim to be aggrieved, the identity of the party or parties alleged to have caused the grievance, the specific provisions of this Agreement that are alleged to have been violated, and the remedy which is sought. Section 4. Grievances shall be processed in the following manner: Step 1. Within ten (10) working days of the occurrence of the disagreement giving rise to the grievance, the employee or Union Representative will bring it must submit a written request (which may be accomplished by the employee sending an e-mail via the Department=s e-mail) to the attention of Department Head for a meeting to discuss the immediate supervisor to settle such differences grievance. The Department Head or his designee shall arrange for a meeting with the employee within ten (10) working days from the date of receipt of the occurrenceemployee's actual letter requesting a review as described in this step. If further action The employee is entitled to be taken, then within ten (10represented by a Union representative(s) days of and/or by the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) daysUnion's attorney at this meeting. The Administrator shall give Department Head will render a written decision within ten (10) working days of the meeting to with the Bargaining Unit President or her designate with a copy to employee. Step 2. If the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance is not solved under the foregoing procedure, including any questions as to whether a matter is arbitrableStep 1, the grievance employee may request a hearing before the Personnel Board or the Union in its sole discretion may request that the matter be referred taken to arbitration by either partynotifying the Human Resources Director in writing, within five (5) Section 5. If no It is understood and agreed that a written grievance taken to arbitration under this Agreement, in order to be valid under this Agreement, must allege a direct violation of the express purpose of the contractual provision in question. It is also understood and agreed that it is the intent of the parties to this Agreement that a written grievance taken to arbitration shall not be valid if such written grievance challenges action taken by the City in the exercise of inherent management rights, except where such written grievance is based upon a clear, express limitation thereon. Section 6. Upon receipt of a notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is receivedarbitrate a grievance, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance City, through its designated representative, and the remedy sought employee, or his designated representative, shall promptly meet within fifteen (15) working days and attempt to select an arbitrator by mutual agreement. If the grievor. Union grievances shall be set out on the union grievance form. Alternatelyparties are unable to select an arbitrator by this method, the parties may agree will jointly address a letter to an electronic version the Federal Mediation and Conciliation Service (FMCS) requesting a list of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.five (5)

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 Par. 1: Grievances must be filed in writing on standard grievance forms which may be obtained at the Union office. Members who fail to report grievances either to the Job ▇▇▇▇▇▇▇ or the Union Representative within two (2) weeks after occurrence must report to the regular Executive Board meeting before the grievance will be processed. Union Representatives shall not process any grievances arising from agreements or understandings made outside of the Union Agreement. (a) The parties agree that all questions concerning the interpretation and application of the terms of this Agreement shall be resolved by the following procedure: a) In the event that differences arise during the term of this Agreement, there shall be no stoppages of work and an ▇▇▇▇▇▇▇ effort shall be made to settle such differences first between the Associated General Contractors of Ohio, Akron Division and the Union and its members involved in the dispute. b) In the event of failure of the parties to reach a satisfactory settlement at this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee stage, a Business Representative or an Official of the Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between notify the Employer and the Union, as to the interpretation, application, administration or alleged violation of any director of the provisions Associated General Contractors of this AgreementOhio, the employee or Union Representative will bring it to the attention Akron Division, in writing, of the immediate supervisor to settle such differences within ten (10) days Union’s intention of referring the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designateJoint Arbitration Board as hereinafter established and the Board shall meet within five (5) days from receipt of the request to consider the matter. Its decision thereon by a majority vote shall be final and binding. The Joint Arbitration Board referred to above shall consist of three (3) members designated by the Union and three (3) members designated by the Contractor Associations signatory to this Agreement. Two (2) members representing the Union and two (2) members representing the Contractors shall constitute a quorum for resolving grievances and a majority vote of those in attendance at a meeting at which there is a quorum shall result in a final and binding resolution of a particular grievance. In any such meeting, each party shall have the same number of votes regardless of the number of representatives in attendance. A meeting will grievance that is considered by the Joint Arbitration Board and not finally resolved may be held between processed to arbitration by notice filed with the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days Secretary of the meeting to the Bargaining Unit President or her designate Joint Arbitration Board with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received Employer within ten five (105) days after a Joint Arbitration Board meeting. After a notice of arbitration has been filed, representatives of the decision under Step NoUnion and representatives of the Contractor Associations shall attempt to mutually agree upon an arbitrator. 1 If such an agreement is receivednot reached, said representatives shall alternately strike names from the grievance panel and the last name remaining on the list shall be deemed the arbitrator. The arbitrator, in deciding a grievance concerning the application and interpretation of this Agreement, shall not modify, change or add to have been settled or abandoned. 8.04 A written the terms as herein written. In deciding a grievance will indicate the nature of the grievance and the remedy sought involving a dispute not covered by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version terms of this form and a process for signing. 8.05 Time limits fixed in Agreement the grievance and arbitration procedures may be extended arbitrator shall decide only the issues as jointly submitted by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure Any decision rendered by an arbitrator pursuant to respond this provision shall be deemed final and binding upon the Union and its members, the Contractor Associations signatory hereto and their members and any other employer signatory to be an Agreement containing a denial clause which provides for the settlement of grievances and disputes by the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandonedJoint Arbitration Board as designated herein.

Appears in 2 contracts

Sources: Labor Agreement, Building Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 9.01 The parties to this agreement believe Employer and the Union agree that it is important to adjust complaints and grievances as quickly as possible as provided possible. It is understood that a nurse has no grievance until she has first discussed her complaint with her Nurse Manager and the matter has not been resolved. In computing the days for herein. The employee taking any action or Union giving any notice, Saturdays, Sundays or holidays shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunitynot be counted. 8.02 In all steps of this 9.02 A formal grievance procedure is defined as an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to alleged difference over the interpretation, application, administration or alleged violation of this Collective Agreement including any question as to whether a matter is arbitrable. All grievances shall be in writing and contain a statement of facts giving rise to the grievance, the redress sought, an indication of the provisions article(s) of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences Collective Agreement and must be filled within ten (10) days of the occurrencecircumstances giving rise to the grievance. 9.03 The following shall be the procedure for handling and processing grievances submitted by the employee. The employee may submit a grievance in writing to her immediate supervisor or designate who shall give her decision within five (5) days of receipt of the grievance. If further action the grievance is not satisfactorily resolved at Step #1, the employee may submit the written grievance to the Executive Director or her designate within five (5) days following the decision in Step #1. A meeting will be taken, then held between the Employer and the grievance committee within ten (10) days of the discussion, referral. It is agreed that a staff representative of the employee, who Union may request be present at the meeting and that the Employer may have such counsel and assistance of her Union Representative and/or Labour Relations Officer, shall submit as it may desire at the written grievance to the Administrator or designatemeeting. A meeting The Employer’s decision will be held between the parties delivered within ten five (10) days. The Administrator shall give a written decision within ten (105) days of the meeting meeting. An employee is entitled to be represented by a union representative or another available bargaining unit member of the employee’s choice. In the case of suspension or discharge, the Employer shall notify the employee of this right in advance. 9.04 A claim by a nurse who has completed her probationary period, that she has been unjustly discharged or suspended, shall be treated as a grievance if a written statement of such grievance is lodged by the nurse with the Employer at Step No. 2 within five (5) calendar days after the date the discharge or suspension is effected. The release of a probationary nurse for reasons based on performance and ability to do the job, including skills, suitability and availability shall not be subject to the Bargaining Unit President grievance procedure unless the probationary nurse is released for: (a) reasons which are arbitrary, discriminatory or in bad faith; (b) exercising a right under this Agreement. The Employer agrees to provide a probationary nurse with written reasons for her designate or his release within five (5) days of such release. A claim by a probationary nurse that she has been unjustly released shall be treated as a grievance, provided the nurse is entitled to grieve, if a written statement of such grievance is lodged by the nurse with the Employer at Step 2 within five (5) days after the date the release is effective. 9.05 Where a copy number of nurses have identical grievances and each nurse would be entitled to the Labour Relations Officer. Should the Administrator fail grieve separately, they may present a group grievance in writing signed by each nurse who is grieving to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received management within ten (10) days after the decision under Step No. 1 is received, circumstances giving rise to the grievance shall be deemed having occurred or ought to have been settled or abandonedcome to the attention of the nurse(s). The grievance shall then be treated as being initiated at Step #2. And the applicable provisions of this Article shall then apply with respect to the processing of such grievance. 8.04 9.06 A written grievance will indicate arising between the nature of the grievance Employer and the remedy sought by Union concerning the grievor. Union grievances shall be set out on the union grievance form. Alternatelyinterpretation, the parties may agree to an electronic version application, administration or alleged violation of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures Collective Agreement may be extended only by written, mutual consent of submitted in writing at Step #2 within ten (10) days following the parties. Should the Employer not respond within the time limit(s) fixed, such failure circumstances giving rise to respond shall be deemed to be a denial of the grievance. Should It is expressly understood, however, that the provisions of this Article may not be used with respect to a grievance directly affecting a nurse or nurses which such nurse(s) could have herself instituted and the regular grievance procedure shall not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandonedthereby bypassed.

Appears in 2 contracts

Sources: Collective Agreement, Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 Section 1. A grievance shall be defined as any dispute involving the interpretation, application, or alleged violation of the express provisions of this Agreement. Grievances or disputes, which may arise, shall be settled in the manner set forth herein. Step 1: Within ten (10) working days of the occurrence of the grievance an employee with a grievance shall discuss the grievance with their immediate supervisor. The immediate supervisor shall have ten (10) working days to respond verbally to the grievance. Step 2: If the grievance is not resolved informally at Step I, a formal grievance shall be presented in writing within ten (10) working days from receipt of the Step 1 response to the Department Head or their designee. The written grievance must identify the particular provision or provisions of the Step 3: If the grievance is not settled satisfactorily at Step 2, the grievance shall, within ten (10) working days be submitted in writing, through the Union to the Mayor or the Mayor's designee. The Mayor, or designee, shall, within ten (10) working days after the receipt of the grievance to respond to the grievance in writing. By mutual agreement of both parties, a grievance meeting shall be held in order to resolve the grievance. Step 4: If the matter is not resolved at this point, within ten (10) working days either party may request a conciliation meeting to be held with the parties involved as a final attempt to resolve the dispute prior to proceeding to arbitration. If for whatever reason a conciliation does not take place within ten (10) working days following a receipt of this written request, either party to this agreement believe may unilaterally call for arbitration proceedings as called for in Sections 3-5 of this Article. Section 2. If a grievance is not presented or advanced within the time limits set forth above, it is important to adjust complaints and grievances as quickly as possible as provided for hereinshall be considered waived. The employee or Union shall first discuss time limits in any individual complaint informally with step of the Director of Care or designate at the first opportunity. 8.02 In all steps of this above grievance procedure an aggrieved employee, if she so desires may be accompanied extended by or represented by her Union Representative. At Step 1 mutual written agreement of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to . Employer grievances shall be filed with the interpretation, application, administration or alleged violation of any Union representative at Step 2 of the provisions of this Agreementprocedure. Section 3. Any dispute that has not been resolved by the above grievance procedure may be submitted to arbitration by the aggrieved party, the employee or Union Representative will bring providing it to the attention of the immediate supervisor to settle such differences is submitted within ten (10) working days after the conciliation meeting. The aggrieved party shall notify the other party in writing of the occurrence. If further action is matter to be taken, then within arbitrated and the contract provisions allegedly violated. Section 4. Within ten (101 0) working days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten shall request a list of five (105) daysqualified names from the Montana State Board of Personnel Appeals. The Administrator Union and the Employer shall give a written decision within ten each strike two (102) days of names in alternate order, and the meeting to remaining shall be the Bargaining Unit President or her designate with a copy to arbitrator. The Union shall strike the Labour Relations Officerfirst name. Should In cases where an employee is the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedureaggrieved party, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent authorization to submit the matter for grievance to arbitration is received within ten (10) days after must come from the decision under Step NoUnion. Section 5. 1 is received, Decisions of the grievance arbitrator shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate final and binding on both parties. Costs incurred for the nature arbitrator shall be borne equally by both parties. Authority of the grievance and arbitrator is limited to matters of interpretation or application of the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version express provisions of this form Agreement that directly pertain to the issue(s) submitted in writing for arbitration. The arbitrator shall consider and a process for signing. 8.05 Time limits fixed decide only the specific issues submitted in the grievance writing, and arbitration procedures may be extended only by writtenshall have no power or authority to add to, mutual consent subtract from, amend, or modify any of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial terms or provisions of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties (a) A complaint is an Administrator’s expression of dissatisfaction with aspects of his/her employment or working conditions which are outside his/her control and which are addressed to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for hereinhis/her immediate superior. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate complaining Administrator may, at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employeehis/her option, if she so desires may be accompanied by a member of the Professional Rights and Responsibilities Committee (hereinafter called the P.R.&R. Committee) of the Association while discussing his/her complaint. All parties involved will make a sincere effort to resolve the complaint as expeditiously as possible. (b) A grievance is a written statement of dissatisfaction by an Administrator or represented by her Union Representativea group of Administrators with employment or working conditions which has not been resolved at the complaint stage or a claim of the Association made in its own behalf or in behalf of all or a portion of the membership of Unit B which involves the interpretation or application of some provision of this Agreement. (c) An Administrator or group of Administrators wishing to institute a formal grievance must so notify the P.R.&R. Committee on one of its forms developed for that purpose. At Step 1 Thereafter it shall be the responsibility of the P.R.&R. Committee to advise the aggrieved Administrators on their grievances and to aid them in the formal drafting of their grievances. It shall be the responsibility of the P.R.&R. Committee to process grievances through all of the steps of the grievance procedure a representative procedure, to receive and process all correspondence and replies regarding pending grievances and to inform aggrieved Administrators of the Ontario Nurses' Association may status of their grievances at each step of the procedure. The formal grievances submitted by the P.R.&R. Committee shall be present at on the request form attached hereto as Appendix F. (d) The procedure to be followed in instituting and processing grievances shall be as follows: Step 1. Within twenty (20) school days from the occurrence of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as event giving rise to the interpretation, application, administration grievance or alleged violation of any of the provisions time the grievant(s) or Association first knew or had reason to know of this Agreementsuch event, whichever occurs later, the employee or Union Representative will bring it written grievance form shall be submitted to the attention of the immediate supervisor of the Administrator. Within ten (10) school days after the institution of the grievance, the immediate superior shall arrange a meeting with the appropriate P.R.&R. Committee representative to settle such differences discuss the grievance and provide his/her written answer to the grievance on the grievance form. Step 2. If the grievance is not resolved at Step 1 then, within ten (10) school days after the Step 1 answer, it may be referred to the Superintendent. Grievances filed by the Association in its own behalf or in behalf of all or a portion of its membership in Unit B involving the occurrenceinterpretation or application of some provision of this Agreement shall be instituted at this level. If further action is The Superintendent shall arrange a meeting with the appropriate P.R.&R. Committee representative and provide a written answer to be taken, then the grievance within ten (10) school days after it is referred to him/her. Step 3. If the Superintendent’s answer does not resolve the grievance, then within twenty (20) school days thereafter, the Executive Board of the Association, acting with advice from the P.R.&R. Committee, may submit the grievance to the American Arbitration Association for the selection of an arbitrator and the arbitration of the grievance under its then‐current rules. No Administrator shall have the right to require arbitration, that right being reserved to the Association. The decision of the arbitrator shall be final and binding upon the parties, unless contrary to law. However, he/she shall have no authority to change, alter, add to or detract from the terms of this Agreement. The costs of the arbitration proceeding shall be shared equally between the parties but each party shall bear the expense of preparing and presenting its own case. (e) The grievance as stated in the Request for Arbitration shall constitute the sole and entire subject matter to be heard by the arbitrator unless the parties agree to modify the scope of the hearing. (f) Any of the time limits provided for herein may be waived or extended by the mutual agreement of the parties. (g) The aggrieved Administrator shall have the option of whether or not to attend or participate in any of the meetings concerning his/her grievance. (h) The Superintendent’s office or the immediate superior involved in any grievance shall make available, upon request, any records that are pertinent to any pending grievance or arbitration proceeding. (i) Administrators required to attend grievance meetings or arbitration cases scheduled during school hours shall be released from their regular duties for such attendance without loss of compensation. (j) In any case in which the later of the occurrence of the event giving rise to the grievance or the time as of which the grievant(s) or Association first knew or had reason to know of such event occurs within twenty (20) school days of the discussionend of the school year, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in paragraph (d) of this Agreement, unless mutually extended, it Article shall be considered to have been settled or abandonedmeasured in terms of business days rather than school days. A business day is defined as any day on which the Central Office is open for school business.

Appears in 2 contracts

Sources: Collective Bargaining Agreement, Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 Step I An aggrieved employee considering filing a grievance must first contact a member/s of the Grievance Committee within two (2) work shifts of the occurrence or event giving rise to the grievance to explain the grievance to said committee member/s. The parties to this agreement believe it is important committee member/s must attempt to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally the grievance within two (2) work shifts after being presented with the Director of Care or designate at grievance by the first opportunityemployee. 8.02 In all steps Step II If the outcome of this grievance procedure an aggrieved Step I is not satisfactory to the employee, if she so desires the employee may be accompanied by or represented by her Union Representative. At Step 1 submit a written statement of the grievance procedure a representative to the employee's immediate supervisor within two (2) work shifts after the date of the Ontario Nurses' supervisor's oral response. A written decision must be given by the immediate supervisor within two (2) work shifts after receiving the written grievance. Step III If the grievance remains unadjusted, or is not satisfactory to the employee, it may be presented in writing to the Fire Chief by the Employee within two (2) work shifts after the date of the supervisor's response. The Fire Chief shall render a decision in writing within five (5) work shifts thereafter. Step IV If the decision of Step III is not satisfactory to the employee or the Association, the employee or the Association may be present at such grievance in writing within two (2) work shifts for the request employee or (5) five work shifts for the Association after the date of either partythe Fire Chief's response, together with a copy of the replies from the immediate supervisor and Fire Chief, to the Personnel Director of the City of Burlington. Within five (5) work shifts thereafter, the Personnel Director shall render a decision in writing to the employee or Association. 8.03 Should any dispute arise between Step V If the Employer and an employeegrievance remains unresolved on the basis of the decision of Step IV, or between the employee and/or the Association may, within five (5) work shifts after the date of the Personnel Director's decision , submit a request in writing (copy to the Employer) to the Public Employment Labor Relations Board to provide a list of five (5) prospective arbitrators. Both the Employer and the Unionaggrieved party shall have the right to strike two (2) names from the list. The determination of a party's desire to strike first or have the other party strike first shall be determined by lot. The strike of names shall then alternate. The remaining person shall be the arbitrator. The selection of an arbitrator shall be completed within seven (7) normal business days after receiving the list of prospective arbitrators. The fees and expenses of the arbitrator shall be shared equally by the Employer and the aggrieved party. However, each party shall be responsible for compensating their own representatives and witnesses as well as paying for transcripts of the proceedings, if desired. The decision of the arbitrator shall be final and binding on both parties to the interpretationthis Agreement. The arbitrator shall have no power to add to, applicationsubtract from, administration or alleged violation of change any of the provisions of this Agreement, nor shall the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail arbitrator have authority to render his any decision which conflicts with any law, ruling, or failing settlement of regulation binding upon the Employer, not to imply any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out obligation on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer which is not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified specifically set forth in this Agreement, unless mutually extended, it shall . Awards may not be considered retroactive beyond the date of the occurrence or event giving rise to have been settled or abandonedthe grievance.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The Any grievance or dispute which may arise between the parties to including the application, meaning or interpretation of this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. Agreement, shall be settled in the following manner: Step I. The employee and/or a representative shall present the grievance or Union shall first discuss any individual complaint informally with dispute orally to the Director employee’s supervisor within seven (7) working days of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 date of the grievance procedure or within seven (7) working days after the employee should reasonably have had knowledge of its occurrence. The supervisor shall attempt to adjust the matter and shall respond to the employee and/or a representative within seven (7) working days of presentation of the grievance. In the event of a contract violation, the Union acting alone may file a grievance within such time limit. Step II. If the grievance has not been settled under Step I, within the time limit therefore, it shall be presented in writing by the employee and/or a representative or, in case of a Step III. If the grievance still remains unsettled, it shall be presented by the employee and/or a representative of the Ontario Nurses' Association may be present at Union, as appropriate, to the request School Committee in writing within seven (7) working days after the response of either party. 8.03 Should any dispute arise between the Employer and an employeeSuperintendent of Schools was due or received, or between whichever first occurs. The School Committee shall respond in writing to the Employer and employee and/or a representative of the Union, as to the interpretationappropriate, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrenceworking days. Step IV. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by still remains unsettled at the conclusion of Step III, either party. If no written notice of intent to submit the matter for arbitration is received party may, within ten fifteen (1015) working days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature reply of the grievance and School Committee was due or received whichever first occurs, by written notice to the remedy sought by the grievorother, request arbitration. Union grievances shall be set out on the union grievance form. AlternatelyUpon receipt of a request for arbitration, the parties may shall attempt to agree upon an arbitrator. If unable to agree upon an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent arbitrator within seven (7) calendar days from receipt of the parties. Should the Employer not respond within the time limit(s) fixedrequest for arbitration, such failure to respond an arbitrator shall be deemed to be selected through the American Arbitration Association (AAA) in accordance with the AAA rules then in effect. The moving party shall request a denial list of arbitrators from the grievance. Should a grievance not be submitted American Arbitration Association (AAA) within twenty (20) working days after the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandonedexpiration of said seven (7) calendar days.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties A. Subject to this agreement believe it is important to adjust complaints and grievances any limitation of existing law, any grievance, defined in the MERO, Section 1-1(g) as quickly as possible as provided for herein. The employee a dispute concerning the application or Union shall first discuss any individual complaint informally with interpretation of the Director of Care or designate at the first opportunity. 8.02 In all steps terms of this grievance procedure an aggrieved employeeAgreement or a claimed violation, if she so desires misinterpretation or misapplication of the rules or regulations of the Employer affecting the terms and conditions of employment, may be accompanied by or represented by her Union Representativesettled in the following manner: STEP 1. At Step 1 Within 15 calendar days of the date of the grievance procedure a representative or knowledge by the affected employee of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as occurrence giving rise to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussiongrievance, the employee, who may request accompanied by an authorized representative of the assistance of her Union Representative and/or Labour Relations OfficerUnion, shall submit orally discuss the grievance with his immediate officer. The aggrieved employee and representative shall attempt to resolve the complaint with all parties involved. In the event the grievance is not resolved at this level, the employee and his Union representative shall present the grievance in writing to the Senior Officer or House Captain. If the grievance is not resolved at this level within 15 days, the Union ▇▇▇▇▇▇▇ and Battalion Representative shall present the grievance in writing to the Battalion Chief. STEP 2. If the grievance is not satisfactorily resolved within 15 days of presentation to the Battalion Chief, the aggrieved employee shall forward the grievance, in writing, through a Union Vice President to the appropriate Deputy Chief. Within 7 calendar days of the presentation, that Deputy Chief shall hold a meeting with the appropriate Union representative to discuss the grievance. STEP 3. If the grievance has not been satisfactorily resolved in Step 2, a written grievance may be taken to the Chief of Fire Department or his designee within 15 days following the completion of Step 2. The Chief or his designee shall meet and discuss the grievance with an appropriate union official within 10 days of receipt of the grievance. A written answer to the grievance shall be submitted to the employee and an appropriate Union Official within 10 days thereafter. Should the Union not receive a written response within 10 days, it may advance the grievance to the Administrator next step. Any grievance concerning the specific action of Chief of Fire Department, or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under which affects at least more than one employee may be commenced at Step 3. STEP 4. If the foregoing procedure, including any questions as to whether a matter is arbitrablegrievance has not been satisfactorily resolved at Step 3, the grievance may be referred taken to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature Office of the grievance and Labor Commissioner of the remedy sought City of Baltimore by the grievorUnion President or his designee within 15 days following the completion of Step 3. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version Within 15 days of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial receipt of the grievance, the Labor Commissioner or his designee shall meet with the Union President or his designee and the aggrieved employee to discuss the grievance. Should a grievance not be submitted The Labor Commissioner or his designee shall respond in writing to the President of the Union within the various time limits specified in this Agreement, unless mutually extended10 days, it may advance the grievance to the next step. Following Step 4 proceedings at the level of the Office of the Labor Commissioner, there shall be considered a Step 4 Mediation, but, if and only if, the Union, the Chief of Fire Department, and the Office of the Labor Commissioner agree in writing to have been settled conduct Step 4 Mediation as a non-binding mediation that is chaired by a neutral party, whom the parties shall appoint either from the staff of the Federal Mediation and Conciliation Service, or abandonedby alternately striking from a list of seven arbitrators who each are members, of the National Academy of Arbitrators (Baltimore/Washington Area list) furnished to them by the Federal Mediation and Conciliation Service. Any costs or fees associated with the mediation shall be shared equally; each side, however, to cover its own costs of counsel and presentation.

Appears in 1 contract

Sources: Memorandum of Understanding

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it ‌ 3.1 A grievance is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as difference relating to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, including any question as to whether the employee matter is arbitrable. 3.2 The parties recognize that resolving grievances is among the most important matters in the successful administration of the School. 3.3 A Teacher may attempt to resolve informally a matter which might become the subject of a grievance with the Principal prior to filing a grievance. Step No. 1‌ A grievance shall, within twenty (20) school days from the time the circumstances became known or Union Representative will bring it reasonably ought to have been known to the attention grievor, be reduced to writing and shall be signed by a representative of the immediate supervisor Association and the grievor. The grievance shall, within this timeline, be presented to settle such differences the principal of the School. A written grievance shall identify as precisely as possible the nature of the grievance, the grounds within the Collective Agreement for the grievance and the remedy being requested. The Teacher shall be accompanied by a representative of the Association at the meeting to discuss the grievance with the principal. The principal shall reply, in writing, to the grievance as soon as possible, but in any event not later than ten (10) school days after the meeting referred to above. If the grievance is not resolved at this step or the reply of the principal is not received within the timelines specified, the grievance may be processed to Step 2. Step No. 2‌ A grievance, that may be processed at Step 2, shall be referred, by a party, to arbitration by giving notice to the other party within five (5) days from the earlier of the date of receipt of the principal’s reply to the grievance or the tenth day after the meeting, in Step No. 1, to attempt to resolve the grievance. The notice shall contain the name of the party’s nominee to a Board of Arbitration. The recipient of the notice shall within ten (10) school days advise the other party in writing of its nominee to the Board of Arbitration. The two appointees so selected shall, within ten (10) days of the occurrenceappointment of the second of them, appoint a third person who shall be chair. If further action is the two appointees fail to agree upon a chair, application may be taken, then within ten (10) days made to the Minister of Labour to appoint a chair. 3.4 The Board of Arbitration shall hear and determine the matter and shall issue a decision which shall be final and binding upon the parties and upon any employee affected by it. The decision of a majority shall be the decision of the discussionBoard of Arbitration, but if there is no majority decision, the employeedecision of the chair shall govern. 3.5 The Board of Arbitration shall not make any decision inconsistent with this Agreement, who may request the assistance nor add to, modify, or amend any part of her Union Representative and/or Labour Relations Officer, shall submit the written this Agreement nor imply any terms into this Agreement. 3.6 Any grievance not processed from one step to the Administrator or designate. A meeting will be held between next, within the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing proceduretimelines set out in this Article, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature 3.7 By mutual agreement of the grievance and parties, a single arbitrator may be selected instead of a Board of Arbitration. (a) Where the remedy sought by parties chose a single arbitrator, the grievor. Union grievances arbitrator shall be set out on chosen from a list of five (5) persons that is mutually agreed between the union grievance form. Alternately, School and Association as per the parties may agree to an electronic version of this form and a process for signingattached Schedule “A”. 8.05 Time limits fixed in the grievance and arbitration procedures (b) Schedule “A” may be extended only revised at any time by written, mutual consent of the partiesSchool and the Association. Should the Employer not respond within the time limit(s) fixed, such failure to respond Such revision shall be deemed to be a denial in writing and signed by the parties. 3.9 The selection of the grievancesole arbitrator shall be done as follows: (a) the party desiring arbitration shall notify the other party in writing which of the panel of arbitrators it wishes to remove; (b) the party receiving the notice shall in seven (7) days notify the other party in writing which two (2) of the panel of arbitrators it wishes to remove; (c) the party desiring arbitration shall then select an arbitrator from the two (2) remaining on the panel; (d) the arbitrator so selected shall (unless the parties otherwise agree) schedule a hearing within forty-five (45) days of being contacted by the party selecting the arbitrator; (e) if the arbitrator so selected is unable to do so, then the remaining arbitrators shall be contacted (in the reverse order in which they were removed from the panel) until one is able to schedule a hearing within forty-five (45) days of being contacted. Should In the event no arbitrator is able to do so (unless the parties agree otherwise) the party desiring arbitration may apply to the Ontario Ministry of Labour to appoint an arbitrator. 3.10 Each party shall bear its own costs of, and incidental to, any such arbitration proceedings. The fees and charges of the chair of the Board of Arbitration or of the sole arbitrator shall be borne equally by the two parties hereto. 3.11 If the parties agree, or, for grievances concerning discipline or discharge involving some question of religious or Jewish values, at the option of the School, a grievance not shall be submitted within to a Bet Din rather than a Board of Arbitration as set out in Step 2. The parties agree that if a grievance is referred to a Rabbinical Court the various time limits specified in this Agreement, unless mutually extended, it decision of the Court shall be considered to have been settled final and binding upon the parties and upon any staff member of the School affected by it. The rabbis constituting the Bet Din shall be drawn from among those rabbis who are members of the Orthodox Division, Rabbinical Vaad Hakashrut, affiliated with the Canadian Jewish Congress; the Agudas Harabonim; Iggud Harabonim; or abandonedthe Rabbinical Council of America.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties In the event of any dispute between the Local Union or any of the persons subject to this agreement believe it is important Agreement and the Producer with regard to adjust complaints and grievances as quickly as possible as provided for herein. The employee wage scales, hours of employment or Union shall first discuss any individual complaint informally working conditions or with regard to the Director of Care or designate at the first opportunity. 8.02 In all steps interpretation of this grievance procedure Agreement concerning such provisions,1 the 1 Any such disputes that give rise to an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any Sections 8(a)(1) and/or 8(a)(3) of the provisions of this AgreementNational Labor Relations Act, or in which the employee or Union Representative will bring it facts alleged would constitute such a violation, are also subject to the attention grievance and arbitration procedure in this Article 7. procedure, unless otherwise specifically provided herein, shall be as follows: If the grievance is not settled within five (5) working days after the invocation of Step One and if the aggrieved party objects to submission of the immediate supervisor dispute to settle such differences Step Two, then it may proceed immediately to expedited or regular arbitration, as provided below, by delivering or mailing, within five (5) days thereafter, a written request for expedited arbitration or a written demand for regular arbitration, as provided below. If the responding party objects to submission of the dispute to Step Two, it shall so notify the other party at least three (3) days prior to the Step Two hearing. The aggrieved party shall thereupon have the right to proceed to expedited or regular arbitration, as provided below, within ten (10) working days after receipt of such notice from the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either responding party. If no written notice of intent to submit the matter such demand for arbitration Step Two proceedings is received within ten (10) days after the decision under Step No. 1 is receivedso served, the grievance shall be deemed brought before the Grievance Committee as soon as possible, but not later than twenty (20) working days following the receipt of such notice, unless either party objects to have been settled or abandoned. 8.04 A written grievance will indicate the nature submission of the dispute to Step Two as provided above. The Grievance Committee shall consist of a designated Representative of the Local Union and a representative of CSATF. The parties to the grievance and the remedy sought by the grievor. Union grievances shall be set out on present and shall be responsible for the union grievance formpresentation of their own position at such time and place. Alternately, the parties may agree Failure of either party to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of to comply with the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond foregoing requirements shall be deemed a waiver of the claim or waiver of any defense to the claim, as the case may be. The Grievance Committee shall schedule the order of the grievances to be a denial of heard. Prior to beginning the hearing, the Committee shall attempt to assist the parties in mutually resolving the grievance. Should If the parties fail to resolve the grievance with the assistance of the Committee, either party shall have the right to opt out of the Step Two hearing before it begins and the aggrieved party may instead proceed to arbitration. If neither party opts out of the Step Two hearing, the Grievance Committee will afford the parties an oral hearing on the merits of such grievance and render a grievance not be submitted written decision thereon within five (5) working days from the various time limits specified close of the hearing, but in this Agreement, unless mutually extended, it no event later than twenty (20) working days after the hearing commenced. The Second Step shall be considered to have been settled or abandonedan informal one and for the purpose of resolving the grievance. The Committee shall determine its own rules and procedures. The decision of the Grievance Committee, if any, shall be final and binding upon the parties and any employees concerned.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to (a) Any dispute between a Local Union and a Local Employer or any grievance by any Employee covered under this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director Agreement that arises out of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any this Agreement shall be adjusted if possible by the Local Union Representative and the Local Employer or his designated Representative. A meeting between the Local Union Representative and the Local Employer or his designated Representative shall be called within two (2) working days of receipt of notice of the provisions dispute or grievance by the party grieved against. If the dispute or grievance is not settled within three (3) working days of such receipt, then the grieving party may refer it to Arbitration in accordance with Article 3(d) below or under Section 133 of the OLRA. (b) Where any difference between the Employer and the Union arises from the interpretation, application, administration or alleged contravention of the Agreement then either party may send notification of such difference or grievance to the other. The parties shall meet as soon as conveniently possible to attempt to settle the matter. If the dispute or grievance is not settled within three (3) working days of such meeting or if such a meeting fails to be arranged, then the grieving party may refer it to Arbitration in accordance with Article 3 (d) below or under Section 133 of the OLRA. (c) The Union and Employer agree that it is in the best interest of both parties to hold regularly scheduled regional meetings to discuss matters of mutual interest. (d) Arbitration Procedure - Where a difference arises between the parties hereto relating to the interpretation, application or administration of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions question as to whether a matter is arbitrablearbitrable or where an allegation is made that this Agreement has been violated, either of the parties may, after exhausting the grievance may be referred to arbitration by either party. If no written notice procedure established above, notify the other party in writing of intent its desire to submit the matter for arbitration is received difference or allegation to arbitration, and the notice shall contain the name of the first party's Appointee to the Arbitration Board. The recipient of the notice shall within ten five (105) working days after advise the other party of the name of its Appointee to the Arbitration Board. The two Appointees so selected shall, within five (5) working days of the appointment of the second of them, appoint a third person who shall be the Chairperson. If the recipient of the notice fails to appoint an arbitrator, or if the two Appointees fail to agree upon a Chairperson within the time limits, the appointment shall be made by the Minister of Labour of Ontario, upon the request of either Party. The Arbitration Board shall hear and determine the difference or allegation and shall issue a decision, and the decision under Step Noshall be final and binding upon the parties and upon any Employee or Employer affected by it. 1 The decision of a majority shall be the decision of the Arbitration Board, and if there is received, no majority the decision of the Chairperson shall govern. The fees and expenses of the Chairperson shall be borne one-half by the Union and one- half by the Employers. Any other costs or expenses in connection with such Arbitration shall be borne by the party which incurs them. (e) No dispute or grievance shall be deemed considered by the parties nor shall it be subject to have been settled or abandoned. 8.04 A written grievance will indicate the nature provisions of this Article unless it is presented within twenty (20) working days from the date the Local Union and/or Union became aware of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signingalleged dispute or grievance. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it A grievance is important to adjust complaints and grievances defined as quickly as possible as provided for herein. The employee a dispute over the meaning, interpretation or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged violation application of any of the provisions portion of this Agreement. Grievances shall be processed in the following manner: Step I. The employee and/or Union representative, may verbally take up the employee grievance or Union Representative will bring it to dispute with the attention of the immediate employee’s supervisor to settle such differences within ten (10) business days of the their knowledge of its occurrence. If further action is The supervisor shall then attempt to be taken, then adjust the matter and respond to the employee and representative within ten (10) days of business days. Step II. If the discussiongrievance has not been settled, it may be presented in writing by the employeeUnion representative, who may request or the assistance of her Union Representative and/or Labour Relations OfficerGrievance Committee, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties department head within ten (10) daysbusiness days after the supervisor’s response. The Administrator department head shall give a written decision respond to the Union representative or the Grievance Committee in writing within ten (10) business days. Step III. If the grievance remains unresolved, the Union representative, or the Union Grievance Committee, may advance the grievance in writing to the Human Resources Director, as the Board of Commissioners’ designee, or other designee, within ten (10) business days after the response of the department head. If the Union requests to present the grievance before the Board of Commissioners, the Human Resources Director shall, within ten (10) business days of the meeting receipt of the grievance, schedule an opportunity for the Union to present the grievance before the Board. The date of the scheduled presentation shall occur within twenty (20) business days of the date the written grievance is filed at Step III unless an extension in time is agreed to by both parties. The Union shall have up to 45 minutes to present such grievance to the Bargaining Unit President or her designate Board. The Board may ask clarifying questions, which may extend the overall time of the grievance presentation. Step IV. If the Union is not satisfied with the decision of the Board of Commissioners, the Union may within ten (10) business days of the date of the decision, forward a copy request to the Labour Employment Relations OfficerBoard (ERB) to assign a Mediator from their staff. Should Upon designation of the Administrator fail Mediator, the parties will make every attempt to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as schedule a date for mediation within thirty (30) calendar days. If either party does not wish to whether a matter is arbitrableuse mediation, the grievance may be referred advanced to arbitration by either party. Step V. Step V. If no written notice of intent to submit the matter for arbitration is received grievance remains unsettled, the Union may, within ten (10) business days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed response date in the grievance and arbitration procedures may be extended only by writtenpreceding step, mutual consent notify the other party of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandonedwritten request for arbitration.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 15.01 A grievance is any complaint or any dispute relating to the terms and conditions of employment submitted by the Union within thirty (30) days of the incident or alleged infraction. The Employer and the Union agree that it is most desirable to resolve complaints and disputes through discussions between the employee and the Employer so as to resolve differences quickly and directly without having to refer to the following formal process. Step 1: The grievance shall be taken up with the President. The President shall render a written decision to the Union within seven (7) days. Step 2: Failing resolution at Step 1, the Union with agreement of the Employer, may advance the grievance to grievance mediation provided by the Department of Labour, Government of Saskatchewan within seven (7) days of the response at Step 1, excluding Saturdays, Sundays and paid holidays. Both parties to this agreement believe it is important Agreement agree to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally meet with the Director assigned conciliation officer to resolve the grievance. Step 3: Grievances not resolved in Step 2 may be submitted to arbitration. Step 4: Within seven (7) days the parties shall appoint their members for the Board of Care or designate at Arbitration. Within a further seven (7) days the first opportunitynominees shall appoint a Chairperson of the Board of Arbitration. In the event that the parties are unable to agree on a Chair, the Minister of Labour of the Province of Saskatchewan shall be requested to make an appointment. 8.02 In all steps 15.02 Employees will be advised of this grievance procedure their right to have a Union official present when any discipline is to be administered. Any disciplinary document placed on an aggrieved employee, if she so desires may ’s file shall be accompanied by or represented by her Union Representativecopied and forwarded to the Union. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either partyEmployees shall have access to their file upon request. 8.03 Should 15.03 The Employer must give one (1) day notice prior to any dispute arise between the Employer and written discipline being administered to any employee. 15.04 Disciplinary documents shall be removed from an employee’s file after a period of one (1) year providing there are no other disciplinary documents placed on the file within that one (1) year period. 15.05 The Arbitration Board shall have the power to receive and accept evidence and information on oath, affidavit or between the Employer and the Union, otherwise as to the interpretation, application, administration or alleged violation in its discretion it considers proper. 15.06 The Board of any of Arbitration in reaching its decision shall be governed by the provisions of this AgreementAgreement and shall not have the authority to change, alter, modify, amend or delete any of its provisions. A decision of a majority of the Board shall be taken to be the decision of the Board and shall be final and binding on all parties concerned. 15.07 Each party shall pay the fees and expenses of its nominee to a Board of Arbitration. Each party shall pay one-half (50%) of the fees and expenses of the Chairperson of the Board of Arbitration. 15.08 Nothing herein shall prohibit the parties from agreeing to a single Arbitrator. If so, then the Articles pertaining to an Arbitration Board shall apply to the sole Arbitrator. 15.09 If the Arbitrator or Board of Arbitration finds that an employee has been unfairly and/or unjustly discharged or otherwise disciplined by the Employer, the employee Arbitrator or Union Representative will bring Board of Arbitration may substitute such other penalty as seems just and reasonable in the circumstances. 15.10 When the Board of Arbitration has been formed in accordance with this Article, it to the attention shall meet and hear evidence of the immediate supervisor to settle such differences both sides as soon as is practicable and render a decision within ten thirty (1030) days of the occurrenceafter it has completed its hearing. If further action is to The time limit may be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held extended by mutual agreement between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days provided that the request for extension is made prior to the expiry of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandonedtime limit. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee SECTION I: Any grievance or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employeedispute, if she so desires hereinafter grievance, which may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer Town and an any Employee or the union regarding the application, meaning or interpretation of this agreement, shall be settled in the following manner: 1. Any employee having a grievance shall, within five (5) working days from the date of the event or the employee’s knowledge of the event giving rise to the grievance, discuss the grievance with the employee’s immediate supervisor. 2. If the grievance is not resolved as a result of said discussion, the employee, or between within five (5) working days from the Employer and date of the Uniondiscussion, as shall submit the grievance in writing to the interpretation, application, administration or alleged violation of any of employee’s department head. The grievant should make a good faith effort to reference the provisions of the agreement believed to be violated; provided, however, this Agreementsentence shall not affect the validity or viability of the grievance. 3. The department head shall respond to the grievance in writing within five (5) working days from the receipt of the written grievance. 4. If the grievance is still not resolved, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences may, within ten (10) working days of from the occurrence. If further action department head’s response or the date it was due, whichever is to be takenearlier, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designateMayor containing a copy of the original grievance and the department head’s response. 5. A meeting will be held between the parties within Within ten (10) days. The Administrator working days from the Mayor’s receipt of the grievance, the Mayor or his designee shall give meet with the Union and the employee and the Mayor will render a written decision within ten decision. 6. Within thirty (1030) days from the receipt of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his Mayor’s written decision or failing settlement from the close of any grievance under the foregoing procedurehearing, including any questions as whichever is earlier, either party may notify the other in writing of party’s intent to whether a take the matter is arbitrable, the grievance may be referred to arbitration by either partyarbitration. 7. If no written notice the parties do not agree on an arbitrator or after thirty (30) days from the date of the letter of intent to submit arbitrate, the matter for arbitration is received may be submitted to the Board of Conciliation and Arbitration. The authority of the Arbitrator shall be limited to the question or questions which were submitted. The Arbitrator shall have no authority to add to, subtract from, or modify any provision of this Agreement. The decision of the Arbitrator shall be final and binding on the parties except as provided by law, and the Arbitrator shall issue this decision within ten thirty (1030) days after the decision under Step Noconclusion of testimony and argument. 1 is received, The expense of the grievance Arbitrator’s service and the proceeding shall be deemed borne equally by the Employer and the Union. If either party desires verbatim record of the proceedings, it may cause such a record to have been settled or abandonedbe made, providing it pays for the record and makes copies available without charge to the other party and to the Arbitrator. Parties may, by agreement, waive the time frames set forth herein. Working days shall be defined as days when Town Hall is open for business. 8.04 A written grievance will indicate the nature SECTION II: No Employee of the Town shall leave his/her job to present, discuss or investigate a grievance without first obtaining the consent of his immediate Supervisor, and such consent shall not be unreasonable denied in light of the remedy sought by functions and duties of the grievorparticular Employee and his department. SECTION III: Union Representative may receive, discuss and handle grievances and may attend disciplinary meetings on the premises of the Town or elsewhere where mutual agreed upon during working hours, except where any such activities unreasonably interfere with their work. Union grievances No deduction shall be set out on made for regularly scheduled working time lost by Union Representative(s) in performing their duties as provided for grievance or negotiation meeting. No other union business shall interfere with the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent regular duties of the partiesEmployee. Should The Union at its sole discretion may use a tape recorder at these meetings if it notifies the Employer Town in advance. SECTION IV: The Arbitrator shall not respond within have the time limit(s) fixed, such failure authority to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandonedaward punitive damages.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it is important to adjust complaints and grievances 4-1 A grievance shall be defined as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to regarding the interpretation, application, administration application or alleged violation of any of: (a) Any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention ; (b) Any of the immediate supervisor to settle such differences within ten (10) days policies or regulations of the occurrence. If further action is School District which directly relate to be taken, then within ten (10) days those mandatory subjects of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designatebargaining as outlined in NRS 288.150(2). A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred filed by an administrator of the School District covered by this Agreement, or by the Association. A grievance shall not include any matter or action taken for which relief is granted by the Statutes of Nevada. 4-2 Grievances will be brought by individuals or groups of individuals who are directly affected by the nature of this dispute. Grievances may be initiated or pursued at any step and to arbitration any higher step by either partyCCASAPE. If no A grievance filed by the Association involving more than one (1) administrator in more than one (1) location may be commenced at Step Two of the Grievance and Arbitration Procedure by filing a written notice of intent to submit grievance. 4-3 A grievance as defined above must be filed in writing alleging which terms or provisions under which the matter for arbitration is received within ten dispute arises, and must be filed not later than twenty (1020) school days after the decision under Step Noaffected administrator or Association first knew or should have known of the act or condition upon which the grievance is based. 1 A school day shall be defined as a day in which a covered administrator is receivedrequired to be present on the job. 4-4 During all procedural steps, each of the parties to the grievance shall be deemed have access at reasonable times to have been settled or abandoned. 8.04 A all written grievance will indicate the nature of the grievance statements and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial records of the grievance. Should All proceedings in any grievance shall be conducted in private and full confidentiality shall be maintained. 4-5 In the event the grievance is between two (2) members of CCASAPE, the grievant will be represented by CCASAPE during the entire Grievance and Arbitration Procedure. 4-6 All grievances shall be handled in the following manner: 4-6-1 A grievant may first attempt to resolve it informally by meeting with his immediate supervisor within five (5) school days. At this step there is no reason to put the grievance in writing, no written report shall be made by the supervisor. The supervisor shall render a grievance decision no later than five (5) school days from the date of the meeting. A decision reached between the grievant and the supervisor does not establish a precedent and cannot be submitted utilized as the basis for resolving any other grievance. If the administrator is not satisfied with the response from the immediate supervisor, the grievant may proceed to Step Two. of 2023-2025 between the Clark County School District and the Clark County Association of School Administrators and Professional-Technical Employees 4-6-2 If the grievance is not resolved at Step One, the grievant or the Association may submit the unresolved grievance to the superintendent or designee in signed written form within the various time limits twenty (20) school day period specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned4-3.

Appears in 1 contract

Sources: Collective Bargaining Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties An effort shall be made to this agreement believe it is important settle grievances fairly and promptly by discussion with the Manager in an effort to adjust complaints and grievances as quickly as possible as provided for hereinresolve the difference informally. The If an employee or Union shall first discuss any individual complaint informally with a group of employees has a grievance, the Director employee or group of Care or designate at employees will submit to the first opportunity. 8.02 In all steps Manager a written statement of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 the particulars of the grievance procedure a representative and the redress sought within calendar days of the Ontario Nurses' Association date that the became aware of, or reasonably should have become aware of, the alleged grievance. The Manager or her designate shall meet with the within calendar days of receipt of the grievance, and shall render a decision in writing within calendar days of this meeting. Failing satisfactory settlement at Step One, within calendardays of receipt of the decision at Step One, the grievance may be present referred in writing to the Chief Executive Officer of the Hay River Community Health Board. The Chief Executive Officer or his designate shall meet with the within calendar days of receipt of the grievance at Step Two, and shall render a decision in writing within calendar days of this meeting. Failing settlement at Step Two, within calendardays of receipt of the request decision at Step Two, the grievance may be referred in writing to arbitration. An employee may elect to be accompanied and assisted by a union representativewhen presenting a grievance at any step. Receipt of either party. 8.03 Should any dispute arise between grievances shall be acknowledged in writing at each step. The Union shall have the right to consult the Employer and about a grievance at each step. When the Union represented an employeeemployee at a grievance meeting, the Employer shall provide a copy of the grievance reply to the appropriate Representative, An employee must obtain the prior authorization of the Union to present, settle or withdraw a grievance pertaining to the application or interpretation of this Agreement. When one party refers a grievance to arbitration in accordance with Article that party shall notify the other party in writing, within the time permitted, of the name of a proposed sole arbitrator it is prepared to accept. The other party shall, within calendar days of receipt of notice under Article notify the first party, in writing, if the proposed sole arbitrator is acceptable or if not, of the name of a proposal sole arbitrator it is prepared to accept. If the parties fail to agree on a sole arbitrator within calendar days of receipt of notice under Article then either ▇▇▇▇▇ ▇▇▇ apply to the Minister of Labour under the Canada Labour Code to appoint an arbitrator. The parties shall bear equally the cost of the sole arbitrator. If a grievance is not initiated or processed within time limits specified in this Article, the grievance shall be deemed abandoned. If a grievance is not responded to within time limits specified in this Article, the grievance may be advanced to the next step. Time limits in this may only be extended by agreement between the Employer and the Union, as to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences within ten (10) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator or designate. A meeting will be held between the parties within ten (10) daysconfirmed in writing. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned. 8.04 A written grievance will indicate the nature of the grievance procedures and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, Article shall apply as far as possible to policy grievances. In the case of an Employer policy grievance it shall be considered presented at Step Two to have been settled or abandonedthe President of the Union.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties Differences or disputes arising between the Corporation and the employees, shall be considered as grievances and shall be dealt with in the following manner: STEP 1 An employee having a grievance shall present it to this agreement believe it is important to adjust complaints his/her ▇▇▇▇▇▇▇ or, in his/her absence, an elected representative of the Union Executive, in writing and grievances as quickly as possible as provided for herein. The employee or Union signed, and they shall first discuss any individual complaint informally jointly take the matter up within five (5) working days with the Director appropriate representative of Care or designate at management, who shall have three (3) working days in which to render a decision. Failing a satisfactory settlement after this period, the first opportunity. 8.02 In all steps second step of this grievance procedure an aggrieved employee, if she so desires may be accompanied invoked within seven (7) working days. Note: Any difference arising directly between the Corporation and the Union concerning the interpretation and/or violation of the terms or provisions of this Agreement, may be submitted by either party to the other commencing at Step 2. A grievance alleging unjust discharge shall commence at Step 2. STEP 2 The Grievance Committee shall then take the matter up with the Department Head and the Director of Human Resource Services or represented by her Union Representativetheir representatives. At If the parties at this step are unable to reach a satisfactory settlement within seven (7) working days (or a time mutually agreed upon), the third step of the Grievance Procedure may be invoked within seven (7) working days as follows: STEP 3 Step 1 3 of the grievance procedure a representative of the Ontario Nurses' Association may be present is optional at the request of either party. When invoked, the City Council, or representatives thereof, will meet with representatives of the Union and make a decision within fourteen (14) working days of the date of a request for such a meeting, or within a time mutually agreed upon. If the parties at this step are unable to reach a satisfactory settlement, the matter may be taken to arbitration. 8.02 Acceptance or rejection of decisions under any of these steps shall be notified in writing to the other party within fourteen (14) days. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as Notification of intention to proceed to arbitration shall be given in writing to the interpretation, application, administration or alleged violation of any of the provisions of this Agreement, the employee or Union Representative will bring it to the attention of the immediate supervisor to settle such differences other party within ten sixty (1060) days of the occurrence. If further action is to be taken, then within ten (10) days of the discussion, the employee, who may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance to the Administrator decision rendered at Step 2 or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days of the meeting to the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions as to whether a matter is arbitrable, the grievance may be referred to arbitration by either party. If no written notice of intent to submit the matter for arbitration is received within ten (10) days after the decision under Step No. 1 is received, the grievance shall be deemed to have been settled or abandoned3 if utilized. 8.04 A written grievance will indicate the nature of the grievance and the remedy sought by the grievor. Union grievances shall be set out on the union grievance form. Alternately, the parties may agree to an electronic version of this form and a process for signing. 8.05 Time limits fixed in the grievance and arbitration procedures may be extended only by written, mutual consent of the parties. Should the Employer not respond within the time limit(s) fixed, such failure to respond shall be deemed to be a denial of the grievance. Should a grievance not be submitted within the various time limits specified in this Agreement, unless mutually extended, it shall be considered to have been settled or abandoned.

Appears in 1 contract

Sources: Collective Agreement

GRIEVANCE AND ARBITRATION PROCEDURE. 8.01 The parties to this agreement believe it 7.1 If any employee feels aggrieved by an action of HBR and believes such action is important to adjust complaints and grievances as quickly as possible as provided for herein. The employee or Union shall first discuss any individual complaint informally with the Director of Care or designate at the first opportunity. 8.02 In all steps of this grievance procedure an aggrieved employee, if she so desires may be accompanied by or represented by her Union Representative. At Step 1 of the grievance procedure a representative of the Ontario Nurses' Association may be present at the request of either party. 8.03 Should any dispute arise between the Employer and an employee, or between the Employer and the Union, as to the interpretation, application, administration or alleged in violation of any of the provisions of this Agreement, (except any matter arising out of or related to the suspension or discharge of an employee, which shall be handled pursuant to Article 13 of this Agreement), he may file a grievance and it shall be disposed of in the following manner: Step 1: The employee or the Union's local representative shall present a written detailed grievance to the appropriate HBR officer within fifteen (15) calendar days of the dispute. The officer must respond in writing within fifteen (15) days stating the supervisor's decision regarding the grievance. These time limits may be extended only by mutual agreement of HBR and the local Union representative. Step 2: A grievance not resolved in Step 1 may be progressed by the employee's designated representative to the General Manager in writing within thirty (30) days of receipt by the employee or Union Representative will bring it to the attention of the immediate supervisor supervisor's written decision, requesting that the General Manager review the supervisor's decision. The General Manager must render a final decision within fifteen (15) days of receipt by him of the request for review. These time limits may be extended only by mutual agreement of the Union and HBR. Step 3: A grievance not resolved in Step 2 may be progressed by HBR or the Union to settle such differences a Joint Conference of the Union and HBR for mediation and resolution. The members of the Joint Conference shall be individuals with the authority to resolve the issues brought to it. The party who progresses the grievance to Step 3 must do so within ten forty-five (1045) days of the occurrencereceipt of the General Manager's decision in Step 2. If further action is The notice requesting the Joint Conference will contain sufficient information to be taken, then apprise the other party of the facts and nature of the issues. The Joint Conference will meet in person or by conference call in an attempt to resolve the issues sent to it within ten thirty (1030) days of the discussionreceipt of the notice. The Union and HBR may extend these time limits by mutual agreement. 7.2 The settlement of a grievance shall not under any circumstances involve retroactive pay beyond thirty (30) days prior to the date the grievance was submitted at Step 1 of this grievance procedure. 7.3 Any grievance not advanced by the employee or his designated Union representative within the prescribed time limits shall be deemed to be abandoned. Where a decision is not rendered by the appropriate officer of HBR within the prescribed time limits, the employee, who grievance may request the assistance of her Union Representative and/or Labour Relations Officer, shall submit the written grievance be advanced to the Administrator next step in the grievance process. Any grievance abandoned by the Union will not be considered as a precedent or designate. A meeting will be held between the parties within ten (10) days. The Administrator shall give a written decision within ten (10) days waiver of the meeting to contentions of the Bargaining Unit President or her designate with a copy to the Labour Relations Officer. Should the Administrator fail to render his decision or failing settlement of any grievance under the foregoing procedure, including any questions Union as to whether similar cases. a) If a matter is arbitrablegrievance concerning an alleged violation of this Agreement has been processed in the manner and through each of the steps outlined in Article 7.1 or an appeal against the discipline imposed has been processed in the manner and through each of the steps outlined in Article 13, and still has not been settled or disposed of, the grievance may be referred to arbitration by either partyany of the signatories to this Agreement for final and binding settlement without a work stoppage. Proceedings for submitting the grievance to arbitration must be instituted by the Union or HBR within forty-five (45) days of receipt of the General Manager's decision unless the grievance is progressed pursuant to Step 3. If no written notice of intent to submit it is, then the matter for arbitration is received within ten forty-five (1045) days after shall commence at the decision under conclusion of Step No3, if needed. 1 is received, This time limitation may be extended by mutual agreement of the Union and HBR. No dispute may be submitted to arbitration until it has been processed through the grievance procedures set forth in Article 7.1 or Article 13 of this Agreement. b) The grievance shall be deemed referred to have been settled or abandonedone of the arbitrators designated by the applicable party who is mutually acceptable to the applicable parties. The costs of the arbitrator shall be shared on an equal basis between the Union and HBR. 8.04 A written grievance c) As soon as the arbitrator is selected, the applicable parties will indicate contact the nature arbitrator to set a hearing date. Prior to the hearing or such other time as the parties agree, HBR and the Union shall submit a joint submission of the grievance issues containing a statement of the claim, a statement of the facts, and a statement of the remedy sought by respective positions of the grievorparties. Union grievances shall be set out If the parties cannot agree on the union grievance form. Alternatelycontents of the joint submission, each party may submit its separate statement of position. d) At the hearing, the parties may agree each present their case verbally or in writing to an electronic version the arbitrator. The arbitrator shall consider only the dispute or question presented to him in the notice and the decision shall be limited to the dispute or questions contained in the request for arbitration. The decision shall not add to, subtract from, modify, rescind or disregard any provision of this form Agreement. The arbitrator's decision shall be final and a process for signingbinding. 8.05 Time limits fixed in e) If arbitration is not utilized, the General Manager's decision shall be final and binding. In that case, the matter will be closed but will not be considered as a precedent or waiver of the contentions of the Union as to similar cases. 7.5 Notwithstanding the grievance procedure set forth above, when there is a question regarding time to be paid, any portion not in dispute will be paid, and arbitration procedures may be extended only by written, mutual consent HBR will notify the employee within fifteen (15) days from its receipt of the partiestime claim whether it is allowing or disallowing the claim. Should If HBR disallows the Employer claim, it must state its reason(s) for doing so in writing. Any claim made pursuant to this Section not respond responded to by HBR within the fifteen (15) day time limit(s) fixed, such failure to respond frame shall be deemed approved and shall be paid by HBR. The decision to disallow a claim is subject to the grievance procedure, starting at Step 2. 7.6 No employee shall be a denial disciplined or discriminated against for lawful union activities, for reporting an alleged violation of any provision of this Agreement to the Union or for performing services on union committees outside of working hours. 7.7 Any matter concerning the interpretation, meaning or application of this Agreement shall be referred to the highest designated officer and the applicable officer of the grievanceinvolved Union for handling and resolution. Should a grievance If the matter cannot be submitted within the various time limits specified in this Agreement, unless mutually extendedresolved, it shall may be considered submitted to have been settled or abandonedarbitration pursuant to Article 7.4.

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Sources: Collective Agreement